Last updated: 12.01.2003.



Todor Tanev



This article faces the ongoing political and legal debates in Bulgaria for constitutional changes from the scholarly position of the contemporary theory of democracy. It is argued that some of the basic democratic principles are hindered in it at the subtle level, and most seriously the principle of division of powers. The conclusions are derived simultaneously from the comparative analysis of the Bulgarian and the American constitutions as well as the analysis of the way Bulgaria’s Constitution was constructed in a severe transitional setting when no support on the side of the emerging civil society in the country was available. As a consequence, this Constitution can hardly foster the development of democratic political culture in a post-transitional era. If changes take ever place, they must start, first and foremost, from the reconstruction of the texts which deal with securing all democratic principles which serve as the basis of the contemporary free world.



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