Legal nature of the interpretive rulings of the Constitutional Court  Cover Image
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Правна същност на тълкувателните решения на Конституционния съд
Legal nature of the interpretive rulings of the Constitutional Court

Author(s): Viktor Simeonov
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: Constitution; Constitutional Court; mandatory interpretations of the Constitution; interpretive rulings; regulatory legal acts; special type of interpretive legal acts.

Summary/Abstract: The object of research in the article is the legal nature of the interpretive rulings of the Constitutional Court issued under Art. 149, paragraph 1, item 1 of the Constitution. The article provides an overview of the concepts defined in our legal doctrine of the nature of the interpretive rulings of the Constitutional Court and the respective case law of the Constitutional Court. After providing an analysis of the subject and object of the mandatory interpretations under Art. 149, paragraph 1, item 1 of the Constitution, of the distinctive features of the Constitutional Court's mandatory interpretation of the Constitution and highlighting the uniqueness of the Constitutional Court’s power to issue mandatory interpretations of the Constitution to the European models of constitutional oversight, after an analysis of the distinctive features of the Constitutional Court’s interpretive rulings, of the correlation between the interpretive rulings of the Constitutional Court and the constitutional norms and the differences between the interpretive rulings of the Constitutional Court, on the one hand, and the individual, general and regulatory legal acts, on the other hand, it is pointed out that the Constitutional Court’s interpretive rulings are not individual, general or regulatory legal acts. The conclusion contends that the interpretive rulings of the Constitutional Court represent a separate, special type of interpretive legal acts.

  • Issue Year: LVI/2015
  • Issue No: 1
  • Page Range: 81-101
  • Page Count: 21