LEGAL POSITIVISM IN CONSTITUTIONAL COURT DECISION 46/PUU-XIV/2016

The Warren Court : Constitutional Decision

The appointment in 1953 of Earl Warren as Chief Justice of the United States marked the beginning of a new era in the development of constitutional law. In the ensuing years changes of vast dimension and historic impact have taken place. Few men are better qualified to assess the significance of the decisions of the Warren Court than Archibald Cox, student of law, teacher of law and, from 1961 ...

Legal Positivism : Its Scope and Limitations

Legal Representation in the Chinese Criminal Court

The Issue of Legal Gaps in the Jurisprudence of the Constitutional Court of the Republic of Bulgaria

1. The Bulgarian legal system allows for gaps in the law. According to Art. 46, para 1 of the Normative Acts Law (NAL), when a normative act has gaps, not-provided-for cases are regulated by the provisions, pertaining to similar cases, if that complies with the aim of the act; or, lacking such provisions, by the basic principles of law in the Republic of Bulgaria. The text is phrased as a gener...

Constitutional Fidelity, The Rule of Recognition, and the Communitarian Turn In Contemporary Positivism