REMEMBRANCE IN TIME - Index of

THE DEMOCRATIC ALTERNATIVE FOR THE
DEVELOPMENT OF BULGARIA, REFLECTED
IN THE CONSTITUTION DRAFTS BY THE
OPPOSITION (1946–1947)
Lora DONCHEVA 1
Abstract: After the proclamation of Bulgaria for Republic on September 15, 1946 on agenda is
the question of the elaboration of a new Constitution. The conflicting alternative ideas of the
Fatherland Front and the opposition according to the constitutional structure reflected not only
the polarizing of the political life in Bulgaria between 1946 – 1947 but also was the last open act
of free will in Bulgarian society. The model of state and political system, proposed by the
opposition was a validation of a modern state separation of powers in a system of state structures
and government with a very specific competence and relationships built on solidarity and
cooperation between them, accurately and clearly stating and protecting of civil rights and
liberties. The constitutional views of the opposition described the pursuit of creating a public
organization that will ensure the political, economic and spiritual freedom of citizens and
generally progressive development of society.
The power of the Fatherland Front (Otechestven Front – OF) established on 9
September 1944 in Bulgaria did not ensure the constitutional, legal and democratic order
in the country. On one hand, it formally recognized the Tarnovo Constitution, but on the
other, with its legislation and political practice, it systematically violated it. In July 1946,
the ХХVІ Ordinary National Assembly adopted a law providing for a referendum on the
form of state governance and elections for a Grand National Assembly (GNA) to draft a
new Constitution. The constitution issue put on the agenda had to address not only the
question whether the Tarnovo Constitution was obsolete, but also whether the
mechanisms of constitutional governance in Bulgaria were up-to-date in the second half
of the 1940s and the idea of the democratic state was viable.
The Fatherland Front concept for the organization of the state considers the principle of
the separation of powers and the idea of the supremacy of popular sovereignty as
incompatible. According to it, the unitary and indivisible power of the state cannot be
separated, due to which as a fundamental constitutional principle is formulated the
principle of the unity of power. In the draft Constitution of 4 October 1946, this principle
is promoted by emphasizing the representative character of the governance by ensuring
the supremacy of the National Assembly. A new system of relations between the
constitutional factors has been created establishing the absolute power of the Parliament.
Only the National Assembly can pronounce on the constitutionality of the laws created by
it; decide on the amendment of the Constitution; elect the Chairperson of the Republic
1 St. Cyril and St. Methodius University of Veliko Tarnovo, Bulgaria.