The struggle for judicial independence and the transition toward democracy in Bulgaria

Employing the conceptual framework of Weber as interpreted and adapted by Schmidhauser, this article focuses on problems associated with creating an independent judiciary in a transitional society. This information came from a series of in-depth interviews conducted with Bulgarian legal professional...

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Bibliographic Details
Published in:Communist and post-communist studies 1996-06, Vol.29 (2), p.231-243
Main Author: Melone, Albert P.
Format: Article
Language:English
Subjects:
Bulgaria
Communism
Democratization
Independence
Judges & magistrates
Judicial process
Politics
Post-communist societies
Regime transition
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Summary:Employing the conceptual framework of Weber as interpreted and adapted by Schmidhauser, this article focuses on problems associated with creating an independent judiciary in a transitional society. This information came from a series of in-depth interviews conducted with Bulgarian legal professionals and politicians, through media reports, and from available court opinions. Indicators of problems associated with judicial independence included parliamentary interference with the selection of judges, an attempt by the Council of Ministers to impose budgetary constraints upon the judiciary, an attempt by parliament to limit the tenure of judicial officials, and finally, an attempt by the government to evict the Constitutional Court from its quarters.
ISSN:0967-067X
1873-6920
DOI:10.1016/S0967-067X(96)80007-9