Политическа и юридическа същност на конституцията
Political and legal nature of the Constitution

Summary/Abstract: This article surveys different ways at looking at the constitutions. In the first part, dedicated to the political nature of the constitution three different approaches have been analyzed - the constitution as an instrument of government, the constitution as a fundamental social contract and the constitution as a frame of government , safeguarding the rights of man and citizen. In the second part the legal or normative nature of the constitution has been treated. Traditionally modern nation state constitutions as the law of the land are regarded as a highest law regulating fundamental social phenomena. A special attention has been paid to the impact of the international law supremacy, the supranational, direct, immediate, horizontal effect of the EU law and legitimacy requirements upon the legal nature of the constitution. These theoretical constructs are drawn to their practical implications of the 1991 Bulgarian constitution within the context of the direct enforcement and hierarchy of the constitutional norms.

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