On the constitutional protection and constitutional protectiveness of the right to protection Cover Image
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За конституционната защитеност и конституционната защитимост на правото на защита
On the constitutional protection and constitutional protectiveness of the right to protection

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

Summary/Abstract: The universal in its scope and procedural by its nature right of citizens to protection is constitutionally determined by the Art. 56 in the Constitution of Bulgaria. However, it is not fully protectable, for an individual or a citizen does not have the right to a direct constitutional appeal to the Constitutional Court. The Constitutional Court rules the constitutionality of the laws and only the subjects established by Art. 150 can appeal. Through their activity an individual/citizen is protected indirectly only when those subjects trans- form the individual initiative into a legal appeal. The author s idea is that that constitutional incompleteness can be avoided by the creation of a new paragraph 3 in Art. 150 to determine the right to individual constitutional appeal.The author also suggests some new terms for our legal practice such as,constitutionally protected", ,constitutionally protectable" and ,constitutionally disputable" — a complex of concepts that has the right to exist in the modern constitutional theory and practice.

  • Issue Year: 1999
  • Issue No: 4
  • Page Range: 18-31
  • Page Count: 14
  • Language: Bulgarian