LEGISLATION’S LONG WAY FROM THE NIGHT (OF STATE OMNIPOTENCE) TO THE DAY (OF RULE OF LAW) Cover Image

ДЪЛГИЯТ ПЪТ НА ПРАВНАТА УРЕДБА ОТ НОЩТА (НА ДЪРЖАВНОТО ВСЕВЛАСТИЕ) КЪМ ДЕНЯ (НА ПРАВОТАТА ДЪРЖАВА)
LEGISLATION’S LONG WAY FROM THE NIGHT (OF STATE OMNIPOTENCE) TO THE DAY (OF RULE OF LAW)

Author(s): Svetla Dimitrova-Kovacheva , Georgi D. Dimitrov
Subject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, Political Theory, Governance, Public Administration, Philosophy of Law, Sociology of Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: legislation; law; governance

Summary/Abstract: We adhere to the paradigm of “rule of law” and the concept of “good governance”, in particular, according to which public institutions not only act within the lawful limits but first and foremost protect the rights and interests of citizens in accordance to the law. Assuming Bulgaria is a society in transition we want to test empirically the extent to which it has broken away from the communist system, in which the state dominates over people. This empirical test has been carried out through a normative analysis of the articles and catches of two Bulgarian laws – the "State Administration Act" and "Civil Service Act"(literary “State Service Act”, in Bulgarian). The paper presents our major findings, which confirm the hypothesis that these two laws do not provide for a systemic social regulation because it would render a systemic social change. Such a qualitative change has not been pursued because the strong power of the centralized state has been endorsed to reform the Bulgarian society in an authoritative way. The half-way social changes, reflected in our normative acts, serve not the public interest but the ad hoc political task of transition.

  • Issue Year: 2/2011
  • Issue No: 1
  • Page Range: 44-68
  • Page Count: 25
  • Language: Bulgarian