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The article has been provoked by the changes, which happen too often in the legislation, and the author illustrates this with comparative data. Having in mind that the frequent changes in the legislation destroy certain established stereotypes of behaviour and transform just in paper suitable only for recycling the entire judicial practice and literature, which deal with the amended law, the author proposes to stop the need for amendments through interpretation of the law, when the text is unclear, contradicting or regulates the matter, which it relates to.
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The election system defines the manner of counting the votes, but cannot resolve on the manner of their distribution in favor of political parties. The latter is the sovereign right of the voters. The free parliamentary elections characterize the states as democratic, regardless of the type of election system employed. In the parliamentary forms of government the public attention is in principle focused on the essence of the politics, carried out by the Government, and not on the procedural aspects of its election.
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The security of the state and society, the security of the person are fundamental social values. Their existence and realization depend on the normal conduct of the state’s activity in carrying out its tasks and functions. The regulation of social relations, the rule of law and discipline constitute true democratic values. The issue of public order and citizen safety is being raised in the European area, with a lot of topicality, and the concerns of decision-makers in this regard are increasingly evident, but also of citizens who find it increasingly difficult to accept the climate of insecurity. Therefore, at the heart of the public authorities’ concerns is public order and citizen safety, as major benchmarks that condition the proper functioning of the competent state bodies.
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On 20. 12. 2000 a group of 83 members of Parliament introduced in the Parliament a bill for amendment of the Constitution of Republic of Bulgaria. In the article the author considers the question whether this bill is within the competence of the Parliament. Then he analyses in detail the proposals for a revision of the Constitution, as well as the reasons of the commissions who dealt with them.
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The article deals with two theoretical issues with practical significance. The Parliament is a legislative body, i.e. it creates the acts.They are normative acts. However, the Parliament has passed lately some “acts”, which do not contain legal norms and do not regulate public relations but declare the Parliament’s opinion on some political issues. In this cases the Parliament should pass act-declarations as stated in the Constitution. Another question which is worth discussing is the enacting of the interpretative acts. Indisputably, the Parliament has the power authentically to interpret acts. It is the usual practice that the interpretative act does not create new legal norms but only clarifies the content and the meaning of already existing norms. For good reasons a question is raised whether the interpretative act should appear in legal (normative) form? Such an act should be formalised in a decision of the Parliament, which is a non-normative act. Enacting “non-normative” acts contradicts a well-known theoretical postulate on the dependence of the form on the matter of the legal act. This practice of the Parliament creates chaos in the forms of law.
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The article deals with the meaning of the term “dignity” in philosophical and pure philological aspect, seeking its founding in the Constitution of the Republic of Bulgaria. The author arrives at the conclusion that the Constitution defends the dignity of the individual, which puts it in line with the modern constitutions. There is still a sphere for improving the legislation to found the dignity as a moral category in all-human aspect, which belongs to the civil society not to the particular individual.In conclusion the author presents a brief history of the category and how it has entered the legal system and the legislature.
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The article presents the essence of monetary sovereignty, its historical development and contemporary condition, the function and the practical importance of the exercise thereof in the process of judicial, political and economic management. The philosophical framework of the study is the correspondence dispute between Karl Schmidt and Hans Kelsen on the so-called ‘problem of sovereignty’ within the context of the positivist and utilitarian ideas of J.St. Mill. On the basis of the relationship between monetary sovereignty and State sovereignty, the so-called ‘regionalization of sovereignty’ is substantiated. An assessment is made of the means of protection of the sovereign against unfounded delegation and arguments are presented regarding the reversibility of delegation as a counterpoise to a proven change in the sovereignty holder. A critical analysis is conducted of the dispute on the priority of supra-national legal order over the national constitutional order. The central bank is examined not only as a modern example of effective separation of powers and a holder of monetary sovereignty, but also in connection with the issuance of currency notes and coins, and with the banking, taxation and fiscal policy favouring the economic growth and the security of civil law relationships, which complements the notion of monetary sovereignty as an event of a systematic nature.
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The Bulgarian Constitution regulates explicitly and exhaustively the cases of preterm ceasing of the mandate of a constitutional judge. It says nothing, though, about the term of the mandate of the newly elected judge. The article supports Decision No 8 of September 21, 2000 on Constitutional Case No 912000 of the Bulgarian Constitutional Court. According to the decision the judges elected to replace judges who ceased to carry out their duties before the end of their normal term of office shall complete the term of office of the judges they replace. The author considers that this is the only possible formulae satisfying the imperative constitutional requirements of equal quotas and periodical renewal of the Constitutional Court.
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This article surveys different ways at looking at the constitutions. In the first part, dedicated to the political nature of the constitution three different approaches have been analyzed - the constitution as an instrument of government, the constitution as a fundamental social contract and the constitution as a frame of government , safeguarding the rights of man and citizen. In the second part the legal or normative nature of the constitution has been treated. Traditionally modern nation state constitutions as the law of the land are regarded as a highest law regulating fundamental social phenomena. A special attention has been paid to the impact of the international law supremacy, the supranational, direct, immediate, horizontal effect of the EU law and legitimacy requirements upon the legal nature of the constitution. These theoretical constructs are drawn to their practical implications of the 1991 Bulgarian constitution within the context of the direct enforcement and hierarchy of the constitutional norms.
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The article aims to provide a general view of the concept of necessity (la.: necessitas) and its selected manifestations in the legal sphere (theory and practice). The author proves that at the most general level of considerations, the reaction to an emergency always fits in with a specific philosophy of law that conditions the processes of its creation, application and validity. The article mentions several variants of answers to the following fundamental questions: Can the law provide for any exceptions? Should the activity − which was to deal with a particular threat − always be grounded in positive law? If not, how should the acts outside the scope of this law be treated? These themes have been present in legal thought for centuries. Within individual areas of law, references to necessity and the state of necessity manifest themselves in different ways. Selected institutions of canon, criminal, constitutional and international law will be provided as examples and discussed later on. As part of a synthetic review of these cases, the similarities and differences in the perception of necessity (state of necessity) and the ways of integrating it into individual legal solutions are presented.
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The author of the opinion points out that the Council Decision 2020/2053 imposes a significant financial burden on the state and concerns matters regulated by statute or matters for which the Polish Constitution requires a statute, and as such may not be ratified without consent expressed by statute. The ratification of the Decision, due to the fact that through it the competencies of state authorities are transferred to the European Union in certain matters, should be conducted in accordance with Article 90 of the Polish Constitution.
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In the Sejm’s position on the Leszno City Council’s motion, it has been stated that article 40 para. 3 3 of the Act on Communal Self-government is consistent with the Constitution to the extent in which it allows the issuance of provisions for the maintenance of order only within the scope not regulated in separate acts or other generally binding regulations. The City Council filed the motion in connection with doubts as to whether it is permissible to establish by the council of the commune, by means of issuing provisions for the maintenance of order, a ban on selling psychoactive substances known as boosters. In the Sejm’s opinion, the matter covered by these provisions for the maintenance of order has been regulated by separate acts of law and therefore it is not possible to regulate this matter differently by local law.
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Although the Constitution of the Republic of Srpska was created in extremely complex circumstances, exposed to multiple, often violent changes, the underlined constitutional concept of the organization of power and the position of the President of the Republic remained unchanged. Thanks to that fact, the Constitution of the Republic of Srpska confirmed its vitality, and enabled the stable functioning of the state government. Although the semi-presidential system (of power) implies certain elements common to all variants, there are numerous specifics of its different manifestations. In this regard, one can observe the position of the President of the Republic of Srpska, who, in addition to immediate legitimacy, has vast and independent powers, which make him the true head of the executive branch. In light of these characteristics of the position of the President of the Republic, one can speak of a stronger semi-presidential form of government. Having in mind determinism of existing solutions, the similarity with comparative models, and bearing in mind certain specifics, the author is of the opinion that established solution should not be changed.
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