Home Archive 2024 ISSUE № 8/2024 THE CONTROL OF THE CONSTITUTIONALITY OF A LAW TO AMEND THE CONSTITUTION REGARDING FORM AND SUBSTANCE

THE CONTROL OF THE CONSTITUTIONALITY OF A LAW TO AMEND THE CONSTITUTION REGARDING FORM AND SUBSTANCE

Български English

Author

Blagoy Deliev

 

Annotation

Revision of the Constitution needs political consensus. Therefore, the control in itself over any Constitutional Amendment has both a political origin and a legal application. The article  reaches the conclusion that the power of Constitutional revision additionally requires jurisdictional control over this power. Some theoretical views and their practical application are presented. The study also focuses on the latest ruling of the Constitutional Court in the context of the Sixth Amendment to the Constitution of the Republic of Bulgaria.

 

Keywords

primary constituent power, derivative constituent power, implicit constitutional limitations

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