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Last updated: 12.01.2003. |
FREE CITIZENS’ CONSTITUTIONAL DILEMMAS Todor Tanev (Resume) 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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