/Поглед.инфо/ Reason is the soul of the law*
I mentioned in a previous post “On Formalism” and in jurisprudence. incl. for the so-called conceptualism as a manifestation of legal formalism, which, considering individual legal provisions, like axioms like in mathematics, reduces the relationships between people to a certain form, as a kind of etiquette in the performance of any activities, like rituals, no matter whether it may be comic or even dramatic. Not just compliance with the letter of the law, but compliance with the obligation of which is an irrevocable priority.
Leaving aside the archaic vocabulary adopted by the so-called Constitutional Court (CC), characteristic of the use of a bygone era, the said scholastic approach, estranged from time, demonstrates nothing but that for the majority of its composition, if not still incomprehensible , the view Corrige praeteritum, praesens rege, cerne futurum is unacceptable.** Honorable and deserving of congratulations is the only one who opposed with a particular opinion the opinion of the others – 11 apostles, headed by “Andrei the First-Called”, famous nowadays as “Bratinho “. Who, in so far as they were once at all capable of self-awareness as autonomous and of independent thought, have clearly renounced that one: “Who hath made us ministers of a new covenant, not of the letter, but of the spirit; for the letter killeth, but the spirit giveth life.’ (2 Cor. 3:6), chose to obey an earthly master. And of which therefore it could not be said better than: Damant, quod non intelegunt.***
As Judge Georgi Angelov rightly and logically points out in his special opinion, in the case under consideration the essential question is not about the effect of decision No. 3/2020 of the Constitutional Court, but about the admissibility in general of the introduced case in view of the possibility to arrive at a judgment on the merits. Since not only in physics, etc. spheres accessible to reason, and also in law, at least for those competent and not deprived of mental ability, it is more than clear to understand: Cessante causa, cessat effectus.**** Otherwise, the CC in question, after decision No. 18/2021, can be overwhelmed with a series of cases similar to the case, subject to the same, going back in time. Information about which, on the occasion of previous prime ministers, ministers, deputies, etc., appeared as a result of it. And instead of a supporter, if not a guarantor, the majority in the current CC will go down in history as a destroyer of statehood together with those it serves. There is nothing left for them but to join the verdict of all who say: Etiam sine lege poena est conscientia.*****
* Reason is the soul of law
** Fix the past, guide the present, foresee the future – Lucius Aeneas Seneca
*** They condemn because they do not understand
**** Termination of the cause terminates the action
***** Conscience is punishment without law
#decision #Supreme #Court #Kiril #Petkov #case
