Prospects For Constitutionalism In Post Communist Countries

Author : Levent Gönenç
Publisher : Martinus Nijhoff Publishers
Page : 458 pages
File Size : 42,7 Mb
Release : 2002-06-18
Category : Law
ISBN : 9041118365

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Prospects for Constitutionalism in Post-Communist Countries by Levent Gönenç Pdf

The last decade of the 20th century saw radical changes in Eastern Europe and the former USSR. Most of these countries made a transition from totalitarianism or authoritarianism to democracy and from central planning to a market economy. Adding to the latter, a number of national entities gained their independence after the disintegration of the federative states of the USSR, Yugoslavia and Czechoslovakia. Many recent studies have focused on these double, in some cases triple transitions, and scholars from different fields analyzed the so-called "1989 Revolution" from different perspectives. Rather less scholarly attention has been paid to the future of post-communist constitutions and prospects for constitutionalism in these countries. The main questions dealt with throughout this study can be formulated as follows: Will liberal democratic constitutionalism take root in these countries? Will new constitutions in Eastern Europe and the former USSR perish or survive? This study also aims at contributing to the construction of a general constitutional theory by studying the causes and dynamics of constitutional change in general. Such constitutional change is not only on the East European, but also on the West European agenda. The purpose of this study is not to introduce a general theory about constitutional in/stability, but studying post-communist constitutions will help us to understand the causes and dynamics of constitutional change from a broader perspective.

Author : Martin Krygier
Publisher : Routledge
Page : 352 pages
File Size : 46,6 Mb
Release : 2017-10-23
Category : Law
ISBN : 9781351540728

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The Rule of Law after Communism by Martin Krygier Pdf

This book is among the first books to consider post-communist Europe from the point of view of the rule of law. This book collects articles written by specialists on the rule of law in particular countries. Interdisciplinary in approach, this book reveals the multi-layered complexity of the development of the rule of law after communism.

Author : Bogusia Puchalska
Publisher : Routledge
Page : 184 pages
File Size : 50,6 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 : Grazyna Skapska
Publisher : BRILL
Page : 268 pages
File Size : 52,8 Mb
Release : 2011-05-23
Category : Social Science
ISBN : 9789004203914

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From 'Civil Society' to 'Europe' by Grazyna Skapska Pdf

Drawing on the sociological theory of reflexive modernization and the doctrine of liberal democracy, this book debates the formation of postcommunist constitutionalism. Examination of Poland, in comparison with other postcommunist countries, leads to a new theory of reflexive constitutionalism.

Author : Wojciech Sadurski,Adam Czarnota,Martin Krygier
Publisher : Springer Science & Business Media
Page : 390 pages
File Size : 42,9 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 : Adam Czarnota,Martin Krygier,Wojciech Sadurski
Publisher : Central European University Press
Page : 392 pages
File Size : 50,6 Mb
Release : 2005-09-10
Category : Law
ISBN : 9786155053627

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Rethinking the Rule of Law after Communism by Adam Czarnota,Martin Krygier,Wojciech Sadurski Pdf

In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.

Author : David M. Olson,Gabriella Ilonszki
Publisher : Routledge
Page : 155 pages
File Size : 55,8 Mb
Release : 2013-10-18
Category : Political Science
ISBN : 9781317966265

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Post-Communist Parliaments by David M. Olson,Gabriella Ilonszki Pdf

At the end of the "founding" or initial decade, the new parliaments of post-Communist Europe had developed two distinct types: democratic and presidentially-dominated. Whilst in the early years, they had been characterised as "parliaments in adolescence," they have - through the second decade - continued to improvise but also elaborate their working relationships with both their chief executives and electorates. This book examines these adaptations in seven parliaments, comparing both among them and with parliaments of west Europe. Their changes are traced through four distinct sets in context, members, internal structure, and working relationship with the executive. This research develops a common perspective for our understanding of both new and developed legislatures by tracing the steps through which new parliaments begin, adapt and become established. This book was published as a special issue of Journal of Legislative Studies.

Author : Jeffrey A. Lenowitz,Meyer and W Walter Jaffe Assistant Professor of Politics Jeffrey A Lenowitz
Publisher : Oxford University Press
Page : 401 pages
File Size : 49,8 Mb
Release : 2022-03-10
Category : Constitutional law
ISBN : 9780198852346

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Constitutional Ratification Without Reason by Jeffrey A. Lenowitz,Meyer and W Walter Jaffe Assistant Professor of Politics Jeffrey A Lenowitz Pdf

This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.

Author : Jon Elster,Claus Offe,Ulrich K. Preuss
Publisher : Cambridge University Press
Page : 368 pages
File Size : 41,9 Mb
Release : 1998-03-28
Category : Biography & Autobiography
ISBN : 0521479312

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Institutional Design in Post-Communist Societies by Jon Elster,Claus Offe,Ulrich K. Preuss Pdf

The authors of this book have developed a new and stimulating approach to the analysis of the transitions of Bulgaria, the Czech Republic, Hungary, and Slovakia to democracy and a market economy. They integrate interdisciplinary theoretical work with elaborate empirical data on some of the most challenging events of the twentieth century. Three groups of phenomena and their causal interconnection are explored: the material legacies, constraints, habits and cognitive frameworks inherited from the past; the erratic configuration of new actors, and new spaces for action; and a new institutional order under which agency is institutionalized and the sustainability of institutions is achieved. The book studies the interrelations of national identities, economic interests, and political institutions with the transformation process, concentrating on issues of constitution making, democratic infrastructure, the market economy, and social policy.

Author : Bálint Magyar,Bálint Madlovics
Publisher : Central European University Press
Page : 834 pages
File Size : 41,5 Mb
Release : 2021-02-20
Category : Political Science
ISBN : 9789633863701

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The Anatomy of Post-Communist Regimes by Bálint Magyar,Bálint Madlovics Pdf

Offering a single, coherent framework of the political, economic, and social phenomena that characterize post-communist regimes, this is the most comprehensive work on the subject to date. Focusing on Central Europe, the post-Soviet countries and China, the study provides a systematic mapping of possible post-communist trajectories. At exploring the structural foundations of post-communist regime development, the work discusses the types of state, with an emphasis on informality and patronalism; the variety of actors in the political, economic, and communal spheres; the ways autocrats neutralize media, elections, etc. The analysis embraces the color revolutions of civil resistance (as in Georgia and in Ukraine) and the defensive mechanisms of democracy and autocracy; the evolution of corruption and the workings of “relational economy”; an analysis of China as “market-exploiting dictatorship”; the sociology of “clientage society”; and the instrumental use of ideology, with an emphasis on populism. Beyond a cataloguing of phenomena—actors, institutions, and dynamics of post-communist democracies, autocracies, and dictatorships—Magyar and Madlovics also conceptualize everything as building blocks to a larger, coherent structure: a new language for post-communist regimes. While being the most definitive book on the topic, the book is nevertheless written in an accessible style suitable for both beginners who wish to understand the logic of post-communism and scholars who are interested in original contributions to comparative regime theory. The book is equipped with QR codes that link to www.postcommunistregimes.com, which contains interactive, 3D supplementary material for teaching.

Author : Gordon B. Smith,Robert Stewart Sharlet
Publisher : BRILL
Page : 237 pages
File Size : 55,9 Mb
Release : 2008
Category : Law
ISBN : 9789004155350

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Russia and Its Constitution by Gordon B. Smith,Robert Stewart Sharlet Pdf

How is the Russian Constitution, ratified in 1993, being implemented today? A team of distinguished scholars assesses the promise and the realities of Russian constitutionalism in a number of critical areas.

Author : Robert M. Howard,Kirk A. Randazzo,Rebecca A. Reid
Publisher : Edward Elgar Publishing
Page : 380 pages
File Size : 48,8 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781800378346

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Research Handbook on Law and Political Systems by Robert M. Howard,Kirk A. Randazzo,Rebecca A. Reid Pdf

This Research Handbook is a multi-faceted, comparative analysis of how law and political systems interact around the world. Chapters include analyses of judicial deference, congressional support, democratic representation, politicization of courts, public support, and judicialization across multiple jurisdictions in the United States and abroad. Chapters also investigate transnational courts and the linkages between international and domestic law and politics.

Author : Bruce Ackerman
Publisher : Yale University Press
Page : 162 pages
File Size : 41,9 Mb
Release : 1994-02-23
Category : Political Science
ISBN : 9780300058987

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The Future of Liberal Revolution by Bruce Ackerman Pdf

Since 1989, the Cold War has ended, new nations have emerged in Eastern Europe, and revolutionary struggles to establish liberal ideals have been waged against repressive governments throughout the world. Will the promise of liberalism be realized? What can liberals do to make the most of their opportunities and construct enduring forms of political order? In this important and timely book, a leading political theorist discusses the possibility of liberal democracy in Western and Eastern Europe and offers practical suggestions for its realization. Bruce Ackerman begins by sketching the challenges faced a Western Europe free for the first time in half a century to determine its own fate without the constant intervention of the United States and the Soviet Union. Unless decisive steps are taken, this moment of promise can degenerate into a new cycle of nationalist power struggle. Revolutionary action is now required to build the foundations of a democratic federal Europe--a union strong enough to keep the peace and to combat the threat of local tyrannies. Ackerman next considers Eastern Europe and discusses fundamental problems overlooked in the rush to build market economies there. He points out that leading countries--including Poland, Hungary, and Russia--have yet to establish new constitutions, contenting themselves instead with hasty amendments to old Communist documents. This is a great mistake, says Ackerman, for there is an urgent need to constitutionalize liberal revolution, and the window of opportunity for doing this is far smaller than many people realize. Neither judicial efforts to punish collaborators with the old regimes and to redress wrongs done to their victims nor the judicial activism now sweeping Eastern Europe should take priority over the formulation of democratically legitimated constitutions. Ackerman concludes by considering the impact of 1989 on South Africa, Latin America, and the United States, exploring how decisive liberal action throughout the world can help to expand the range of functioning constitutional democracies and recover liberalism's lost revolutionary heritage. .

Author : Tadayuki Hayashi,Atsushi Ōgushi
Publisher : Unknown
Page : 192 pages
File Size : 50,7 Mb
Release : 2009
Category : China
ISBN : UOM:39015075674450

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Post-communist Transformations by Tadayuki Hayashi,Atsushi Ōgushi Pdf

Author : Michael Kraus,Ron Liebowitz
Publisher : Routledge
Page : 326 pages
File Size : 51,8 Mb
Release : 2019-06-04
Category : History
ISBN : 9781000310559

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Russia And Eastern Europe After Communism by Michael Kraus,Ron Liebowitz Pdf

The conference on "Russia and East Europe in Transition," held at Middlebury College in May 1994 under the auspices of the Center for Russian and East European Studies, provided the impetus for this volume. The two-day gathering was made possible by a Title VI grant from the U.S. Department of Education and the Jessica Swift Endowed Lecture Fund of Middlebury College, for which we are most grateful. Apart from the contributors to this volume, the conference participants included: George Bellerose, Raymond E. Benson, Valery Chalidze, Michael Claudon, David Colander, Guntram H. Herb, Lars Lib, Tamar Mayer, Noah M.J. Pickus, Sunder Ramaswamy, David A. Rosenberg, and Mitchell Smith. Acting as discussants, panel chairs, or interested participants, their efforts, individually and collectively, have made this a better book and their contribution to this project is gratefully acknowledged.