The Problem Concerning the Judiciary in the Process of Elaboration and Adoption of the Constitution of the Republic of Bulgaria of 1947

Authors:

Pages: 137-158

Abstract:

The problems concerning the constitutional settlement of the issues related to the principles of the structure and functioning of the judiciary occupy an important place in the elaboration of the Constitution of 1947. The article reveals the impact of the political changes on the modification of the constitutional provisions determining the position of the judiciary as an integral part of the state organization. The author dwells on the alternative views and positions expressed during the discussions by the political opponents, such as the Bulgarian Workers’ Party (Communists) and its allies in the Fatherland Front, as well as by the opposition. The author follows the process of elimination of the typical parliamentary principles of the judiciary and the imposition of the Soviet state doctrine in constitutional law governing the structure and functioning of the judiciary on the eve of the adoption of the Constitution of 1947.

Keywords:

judiciary; Constitution; constitutional projects; Soviet state law, Attorney General of the Republic; Supreme Administrative Court; Supreme Court of Appeal; Special Courts.

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