Limits To Democratic Constitutionalism In Central And Eastern Europe

Author : Bogusia Puchalska
Publisher : Routledge
Page : 184 pages
File Size : 48,5 Mb
Release : 2016-05-06
Category : Political Science
ISBN : 9781317104988

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Limits to Democratic Constitutionalism in Central and Eastern Europe by Bogusia Puchalska Pdf

In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
Page : 404 pages
File Size : 42,5 Mb
Release : 2005-02-21
Category : Education
ISBN : 1402030061

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Rights Before Courts by Wojciech Sadurski Pdf

Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world

Author : Kazimierz Działocha,Ryszard Mojak,Krzysztof Wójtowicz
Publisher : Unknown
Page : 424 pages
File Size : 47,9 Mb
Release : 2001
Category : Civil society
ISBN : 8387228397

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Ten Years of the Democratic Constitutionalism in Central and Eastern Europe by Kazimierz Działocha,Ryszard Mojak,Krzysztof Wójtowicz Pdf

Author : Wojciech Sadurski
Publisher : Springer
Page : 0 pages
File Size : 49,8 Mb
Release : 2007-12-20
Category : Law
ISBN : 1402069820

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Rights Before Courts by Wojciech Sadurski Pdf

Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny.

Author : Ramona Coman,Luca Tomini
Publisher : Routledge
Page : 128 pages
File Size : 45,7 Mb
Release : 2017-10-02
Category : Political Science
ISBN : 9781317379881

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The State of Democracy in Central and Eastern Europe by Ramona Coman,Luca Tomini Pdf

The State of Democracy in Central and Eastern Europe brings together scholars specialising in the study of Central and Eastern Europe, and provides a comprehensive analysis of some of the major issues in the democratic make-up of the EU’s new member states. The book covers the main dimensions of the state, and contributors discuss questions about the development of democracy in Central and Eastern Europe over the past twenty years. What is the present state of democracy in Central and Eastern Europe more than twenty years since the end of communist regimes? What is the actual functioning of the political institutions of these countries? How is political participation structured, and what role do political parties play in these democracies? What guarantees are provided to limit governmental powers and abuse? What is the role of the judicial system, and the relationship between justice and politics? How can we evaluate the EU’s influence regarding democratic consolidation? What is the role of the public opinion? This book was originally published as a special issue of Europe-Asia Studies.

Author : Wojciech Sadurski,Adam Czarnota,Martin Krygier
Publisher : Springer Science & Business Media
Page : 390 pages
File Size : 43,7 Mb
Release : 2006-07-30
Category : Law
ISBN : 9781402038426

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Spreading Democracy and the Rule of Law? by Wojciech Sadurski,Adam Czarnota,Martin Krygier Pdf

The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

Author : Douglas Greenberg,Stanley N. Katz,Steven C. Wheatley,Melanie Beth Oliviero
Publisher : Oxford University Press
Page : 416 pages
File Size : 51,5 Mb
Release : 1993-07-08
Category : Law
ISBN : 0195361253

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Constitutionalism and Democracy by Douglas Greenberg,Stanley N. Katz,Steven C. Wheatley,Melanie Beth Oliviero Pdf

The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.

Author : András Sajó
Publisher : Central European University Press
Page : 308 pages
File Size : 40,7 Mb
Release : 1999-01-01
Category : Law
ISBN : 9789633863879

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Limiting Government by András Sajó Pdf

Until the previous decade, constitutionalism in Eastern Europe was considered to be an outmoded concept of the nineteenth century. Changes in the region, however, have brought back the fundamental question of the need to restrict government power through social self-binding. This book discusses the mechanisms of such restriction, including different forms of the separation of powers and constitutional review. It relates the theoretical and practical importance of the issue to the present world-wide discontent with majoritarian democracy and the growing disrepute of parliaments. Increasing executive efficiency is, however, a threat to fundamental rights, and the battlecry of efficiency is often only a means to new despotism and inefficiency. A careful re-evaluation of the concept of constitutionalism assists in the search for a useful balance between majoritarianism and rights, and in the avoidance of all forms of public tyranny. Written in non-technical language and using the most important English, American, French, and German examples of constitutional history, the book also examines East European (in particular, Russian) and Latin American examples, in part to illustrate certain dead-ends in constitutional development. It is intended to be an introduction for all those concerned with liberty.

Author : Leonardo Morlino,Wojciech Sadurski
Publisher : Routledge
Page : 288 pages
File Size : 53,9 Mb
Release : 2010-05-31
Category : Political Science
ISBN : 9781136971563

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Democratization and the European Union by Leonardo Morlino,Wojciech Sadurski Pdf

This book examines in depth the impact of the EU on aspects of the quality of democracy in eight selected post-communist countries. Considering both the political and legal aspects of the dynamics among institutions and focussing on inter-institutional accountability, the book analyses how constitutional designs have been effectively implemented to achieve this, and to what extent this was the result of EU action. In order to make a comparative assessment of the EU on democracies, the book features detailed case studies according to their different status vis-à-vis the EU, including older new member states: Poland and Hungary; newer new member states: Romania and Bulgaria; potential candidates: Albania and Serbia; and neighbour and remote neighbour states: Ukraine and Armenia. Each chapter addresses a range of dimensions and most relevant domains of inter-institutional accountability, that is: executive-legislative relationships; constitutional justice; decentralisation and regionalism; and the role of ombudsman or other relevant authorities. Seeking to assess how important the role of the EU has been in influencing the modes and characteristic of democracies and fundamental rights established in these regions, this book will be of interest to students and scholars of comparative politics, EU politics, Post-communist studies and democratization studies.

Author : Bogusia Puchalska
Publisher : Routledge
Page : 184 pages
File Size : 47,5 Mb
Release : 2016-05-06
Category : Political Science
ISBN : 9781317104971

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Limits to Democratic Constitutionalism in Central and Eastern Europe by Bogusia Puchalska Pdf

In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.

Author : J nos Kis
Publisher : Central European University Press
Page : 344 pages
File Size : 49,8 Mb
Release : 2003-01-01
Category : Political Science
ISBN : 9639241326

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Constitutional Democracy by J nos Kis Pdf

Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.

Author : Arend Lijphart
Publisher : Routledge
Page : 288 pages
File Size : 44,8 Mb
Release : 2018-10-08
Category : Political Science
ISBN : 9780429968334

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Institutional Design In New Democracies by Arend Lijphart Pdf

This volume focuses on the relationship between the tasks of institutional design and the outcomes of the process of economic and political liberalization in Latin America and in Central and Eastern Europe. The contributors emphasize the design of institutions to serve a market economy, the design of electoral laws, and the design of executive-legislative relations. Within this framework each chapter discusses the legacy of the pre-existing authoritarian regime; the range of preferences among various strategic actors with regard to the pace and mix of reforms; and the consequences of final choices for the institutionalization of effective economies and the process of democratization. Countries throughout Latin America and Central and Eastern Europe are moving from semi-closed to open economies and from authoritarian to democratic political systems. Despite important differences between the regions, these transitions involve similar tasks: the establishment of governmental institutions and electoral systems conducive to legitimation of the new and fragile democracies and expansion of the institutional infrastructure of a market economy. This volume looks at both regions, focusing on the relationship between the tasks of institutional design and the outcomes of the process of economic and political liberalization. In particular, the contributors emphasize the design of institutions to serve a market economy, the design of electoral laws, and the design of executive-legislative relations. Each chapter discusses the legacy of the pre-existing authoritarian regime; the range of preferences among various strategic actors (the government, state bureaucracies, opposition parties, and interest groups) with regard to the pace and mix of reforms; and the consequences of final choices for the institutionalization of effective economies and the process of democratization.

Author : Wiktor Osiatyński
Publisher : Cambridge University Press
Page : 263 pages
File Size : 41,8 Mb
Release : 2009-09-14
Category : Political Science
ISBN : 9781139479349

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Human Rights and their Limits by Wiktor Osiatyński Pdf

Human Rights and their Limits shows that the concept of human rights has developed in waves: each call for rights served the purpose of social groups that tried to stop further proliferation of rights once their own goals were reached. While defending the universality of human rights as norms of behavior, Osiatyński admits that the philosophy on human rights does not need to be universal. Instead he suggests that the enjoyment of social rights should be contingent upon the recipient's contribution to society. He calls for a 'soft universalism' that will not impose rights on others but will share the experience of freedom and help the victims of violations. Although a state of unlimited democracy threatens rights, the excess of rights can limit resources indispensable for democracy. This book argues that, although rights are a prerequisite of freedom, they should be balanced with other values that are indispensable for social harmony and personal happiness.

Author : Uladzislau Belavusau,Aleksandra Gliszczynska-Grabias
Publisher : Oxford University Press
Page : 367 pages
File Size : 47,9 Mb
Release : 2020-09-10
Category : Law
ISBN : 9780192633705

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Constitutionalism under Stress by Uladzislau Belavusau,Aleksandra Gliszczynska-Grabias Pdf

Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the lens of leading legal scholar Professor Wojciech Sadurski, whose writings have anticipated and scrutinized the current decline of liberal democracies and populist challenges to the rule of law in the region. Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.

Author : Astrid Lorenz,Lisa H. Anders
Publisher : Springer Nature
Page : 361 pages
File Size : 43,5 Mb
Release : 2020-10-27
Category : Political Science
ISBN : 9783030546748

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Illiberal Trends and Anti-EU Politics in East Central Europe by Astrid Lorenz,Lisa H. Anders Pdf

This open access book provides an in-depth look into the background of rule of law problems and the open defiance of EU law in East Central European countries. Current illiberal trends and anti-EU politics have the potential to undermine mutual trust between member states and fundamentally change the EU. It is therefore crucial to understand their domestic causes, context conditions, specific processes and consequences. This volume contributes to empirically informed theory-building and includes contributions from researchers from various disciplines and multiple perspectives on illiberal trends and anti-EU politics in the region. The qualitative case studies, comparative works and quantitative analyses provide a comprehensive picture of current societal, political and institutional developments in the Czech Republic, Hungary, Poland and Slovakia. Through studying similarities and differences between East Central European and other EU countries, the chapters also explore whether there are regional patterns of democracy- and EU-related problems.