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Decisions Declaring Unconstitutionality Of Legal Provisions (Art. 149, Para. 1, Item 2 Of The Bulgarian Constitution)

Author

Listed:
  • Ivan Ruschev

    (Sofia University "St. Clement of Ohrid")

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.

Suggested Citation

  • Ivan Ruschev, 2021. "Decisions Declaring Unconstitutionality Of Legal Provisions (Art. 149, Para. 1, Item 2 Of The Bulgarian Constitution)," THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY, University publishing house "Science and Economics", University of Economics - Varna, issue 1, pages 11-39, December.
    • Handle: RePEc:vra:lbcs20:y:2021:i:1:p:11-39
    DOI: 10.36997/LBCS2021.11
    as

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