ABSTRACT
This chapter outlines the history, constitutional status, structure, and competences of the Bulgarian Constitutional Court (CC). The functioning of the Bulgarian CC as a law-maker is analyzed against a clear conceptual background and within a tied conceptual framework. The quasi-legislative activity of the CC is explored on the basis of the concepts of ‘negative’ and ‘positive’ legislator. Special attention is devoted to the competence of the Bulgarian CC for abstract interpretation of the constitution and the self-ascertained competence of the Court to ‘revive’ abolished acts of Parliament or their particular provisions. The acceptance of the quasi-legislative activity of the CC by the citizens, the courts, and constitutional theory is also explored. The chapter provides an analysis of the use of arguments stemming out of the motives of the CC’s decisions by the other Bulgarian courts. Last but not least, the tension between rule of law, democracy, and separation of powers, and between different elements of rule of law, which is produced by the quasi-legislative activity of the CC, is critically assessed.
