Limitations to Party Political Pluralism in the Contemporary Bulgarian Constitutional Model Cover Image
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Ограничители на партийния политически плурализъм в съвременния български конституционен модел
Limitations to Party Political Pluralism in the Contemporary Bulgarian Constitutional Model

Author(s): Martin Belov
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law
Published by: Софийски университет »Св. Климент Охридски«

Summary/Abstract: The article aims at explaining the system of legal limitations to party political pluralism introduced by the 1991 Constitution and Bulgarian legislation. Political pluralism in general and party pluralism in particular are basic principles of the contemporary Bulgarian constitutional law. However there are two main types of limitations to them. The article considers only the limitations to party pluralism. First of all, there are quantity limitations to it. The most important of them are the minimum members and founders requirement for the registration of political parties, their state funding, the type of the electoral system, as well as the system for determining the electoral result and the electoral barrier or minimal electoral threshold that a party or coalition has to acquire in order to be represented in the Parliament. The quantity limitations serve as impediments on very small parties that have the potential to heavily fragment the Parliament and thus introduce the peril of dysfunctional government that is detrimental to the rationalised parliamentarism. The second type is the quality limitations. These are the grounds for unconstitutionality of the political parties. They mark the borderline of the permissible social conflict and aim at guaranteeing the constitutional order and consensus against anti system parties.The article not only makes a general systematisation of the limitations of party political pluralism but also analyses their concrete normative shape in the current Bulgarian legislation.

  • Issue Year: 2009
  • Issue No: 3
  • Page Range: 7-20
  • Page Count: 14
  • Language: Bulgarian