DECISIONS DECLARING UNCONSTITUTIONALITY OF LEGAL PROVISIONS (ART. 149, PARA. 1, ITEM 2 OF THE BULGARIAN CONSTITUTION)

Ivan Ruschev ()
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Ivan Ruschev: Sofia University "St. Clement of Ohrid"

THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY, 2021, issue 1, 11-39

Abstract: This statement discusses some problems of decisions declaring unconstitutionality of legal provisions (Article 149, paragraph 1, item 2 of the Bulgarian Constitution). The legal essence of the so-called secondary sources of law and they are distinguished from the so-called primary sources; laws that are subject to constitutional review. Current problems of the so-called "diffuse" control for unconstitutionality and its relation to the so-called "direct" control for constitutionality are are discussed. Special attention is paid to one of the most controversial issues in the doctrine - the action and legal consequences of decisions declaring unconstitutionality of legal provisions - is their action declarative or constitutive? An opinion was expressed on the current and unresolved question of compensation for damages caused by the consequences of an unconstitutional law.

Keywords: decisions of the Constitutional Court declaring a law unconstitutional; laws subject to constitutional review; "diffuse" or "direct" control of unconstitutionality; constitutive or declaratory effect of the decisions of the Constitutional Court declaring the law unconstitutional (search for similar items in EconPapers)
JEL-codes: K00 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:vra:lbcs20:y:2021:i:1:p:11-39

DOI: 10.36997/LBCS2021.11

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