The Issue of legal Gaps in the Law in the Jurisprudence of the Constitutional Court of the Republic of Bulgaria Cover Image
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Въпросът за празнините в правото в практиката на конституционния съд на Република България
The Issue of legal Gaps in the Law in the Jurisprudence of the Constitutional Court of the Republic of Bulgaria

Author(s): Krassen Stoichev
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Civil Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: constitution; constitutional court; constitutionality; interpretation; gaps
Summary/Abstract: The article deals with the general theoretical issues of legal gaps and how these issues are discussed in the practice of the Constitutional court of the Republic of Bulgaria and the leading importance of the ideas of positivism in the court’s adopted starting positions and conclusions. It is noted the difference in the approach of the Constitutional court to the matter of the legal gaps in the context of its power to interpret the Constitution and its power to declare the unconstitutionality of laws.