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Еволюция на понятието за конституционализъм
Evolution of the Notion of Constitutionalism

Author(s): Georgi Bliznashki
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: constitution; constitutionalism; constitutional democracy; natural law doctrine; human rights; rule of law; Rechtsstaat; tyranny of the majority; circumscribed rule of the majority

Summary/Abstract: This paper is a study of the various aspects of modern constitutionalism in the course of its evolution. In this study constitutionalism is considered to be the other name of modern civilization. The key argument in the study is that constitutionalism cannot and should not be narrowed down to the auxiliary measures intended to circumscribe public power with a view to guaranteeing the private sphere of the individual. A broad approach is proposed, according to which constitutionalism can also include the formation of the state’s common will oriented to achieving the common good of the political community. On this basis, two types of constitutionalism are delineated: negative constitutionalism and positive constitutionalism. The evolution of modern constitutionalism is closely connected with the development of the idea of the rule of law. A survey is made of studies exploring the nature of the rule of law in several European countries during the last few centuries. Two phases can be traced in this process: liberal constitutionalism with its formal rule of law, and democratic constitutionalism based on the ideas of common good and social justice. At the end of this study, constitutional democracy is discussed as circumscribed rule of the majority, which is guaranteed through the judicial control over the constitutionality of laws.

  • Issue Year: 2016
  • Issue No: 3
  • Page Range: 7-36
  • Page Count: 30
  • Language: Bulgarian