Volume 2, August, 2019



Goran N. Goranov
Pages: 11-27

ABSTRACT - The sources of law contain legal norms that have legal force. Only sources can objectify the law. They are not only an external form and means of manifesting the law, but also an essential feature. A legal rule is legally binding only when and because it is a recognized as a source of law. According to some authors, case-law has a binding force based on its silent adoption by the legislator. The essence of the case law in Bulgarian legal literature has been the subject of study mainly in the field of sources of law in terms of the general theory of law, the general part of civil law and constitutional law. With very few notable exceptions, most contemporary authors underestimate the normative quality of judicial acts. Too lenient in Bulgarian legal theory was the role of the court in legal hermeneutics. The judge, in our opinion, should not be equated with a state official.


Keywords: case law, jurisprudence, legal essence, legal norm, sources of law, theory of law


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