Transformation In Hungarian Law 1989 2006

Author : Vanda Lamm
Publisher : Akademiai Kiads
Page : 238 pages
File Size : 52,9 Mb
Release : 2007
Category : Law
ISBN : STANFORD:36105064256931

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Transformation in Hungarian Law (1989-2006) by Vanda Lamm Pdf

This collection of studies attempts to summarize the major changes in the Hungarian legal system since 1990. The authors realize that a comprehensive overview of the entire legal system of period would go well beyond the scope of this book, and in fact could be too detailed to interrest prospective readers unfamiliar with the topic. Based on this understanding the book focused on each major branch of law separately (constitutional law, administrative law, criminal law, civil law, etc.), while aiming to describe all major aspects of these changes.

Author : Kay Eileen Goodall,Margaret S. Malloch,Bill Munro
Publisher : Routledge
Page : 210 pages
File Size : 45,6 Mb
Release : 2013
Category : Law
ISBN : 9780415697132

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Building Justice in Post-transition Europe by Kay Eileen Goodall,Margaret S. Malloch,Bill Munro Pdf

After the collapse of the Berlin wall in 1989 and disintegration of the Soviet Union, scholars focused on the problems of legal transitions within the newly emerging democracies. Two decades on, these states are in 'post-transition' conditions; having undergone and continuing to experience political, economic and constitutional upheavals to varying degrees. Criminal law and processes of criminalisation and decriminalisation are at the heart of these changes, and must be understood in the light of the social transitions. A major influence is the old 'West' - a relationship that has often been more maleficent than it may appear. This book provides an interdisciplinary perspective on this largely unexamined topic.

Author : Michal Bobek
Publisher : OUP Oxford
Page : 320 pages
File Size : 53,6 Mb
Release : 2013-08-08
Category : Law
ISBN : 9780191669996

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Comparative Reasoning in European Supreme Courts by Michal Bobek Pdf

The last two decades have witnessed an exponential growth in debates on the use of foreign law by courts. Different labels have been attached to the same phenomenon: judges drawing inspiration from outside of their national legal systems for solving purely domestic disputes. By doing so, the judges are said to engage in cross-border judicial dialogues. They are creating a larger, transnational community of judges. This book puts similar claims to test in relation to highest national jurisdictions (supreme and constitutional courts) in Europe today. How often and why do judges choose to draw inspiration from foreign materials in solving domestic cases? The book addresses these questions from both an empirical and a theoretical angle. Empirically, the genuine use of comparative arguments by national highest courts in five European jurisdictions is examined: England and Wales, France, Germany, the Czech Republic, and Slovakia. On the basis of comparative discussion of the practice and its national theoretical underpinning in these and partially also in other European systems, an overreaching theoretical framework for the current judicial use of comparative arguments is developed. Drawing on the author's own past judicial experience in a national supreme court, this book is a critical account of judicial engagement with foreign authority in Europe today. The sober middle ground inductively conceptualized and presented in this book provides solid jurisprudential foundations for the ongoing use of comparative arguments by courts as well as its further scholarly discussion.

Author : Susan Rose-Ackerman,Peter L. Lindseth,Blake Emerson
Publisher : Edward Elgar Publishing
Page : 752 pages
File Size : 50,7 Mb
Release : 2017-08-25
Category : Electronic
ISBN : 9781784718671

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Comparative Administrative Law by Susan Rose-Ackerman,Peter L. Lindseth,Blake Emerson Pdf

A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This Research Handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.

Author : Dacian C. Dragos,Bogdana Neamtu
Publisher : Springer
Page : 624 pages
File Size : 53,5 Mb
Release : 2014-09-19
Category : Law
ISBN : 9783642349461

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Alternative Dispute Resolution in European Administrative Law by Dacian C. Dragos,Bogdana Neamtu Pdf

This book examines the role, the general framework and the empirical effectiveness of the main alternative dispute resolution tools (administrative appeals, mediation, and ombudsman) in administrative matters, within the broader context of the administrative justice system. The book uses approaches from the fields of law, public administration, public policy and political science to assess the importance of different instruments for alternative dispute resolution, with an emphasis on administrative appeals.

Author : Michal Bobek
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 51,9 Mb
Release : 2015-11-19
Category : Law
ISBN : 9781782259893

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Central European Judges Under the European Influence by Michal Bobek Pdf

The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.

Author : Dae Soon Kim
Publisher : Routledge
Page : 292 pages
File Size : 41,6 Mb
Release : 2013-07-18
Category : Social Science
ISBN : 9781135045517

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The Transition to Democracy in Hungary by Dae Soon Kim Pdf

Unlike in other countries of Eastern Europe where the opposition to communism came in the form of single mass movements led by charismatic leaders such as Václav Havel and Lech Wałęsa, in Hungary the opposition was very fragmented, brought together and made effective only by the authoritative, significant but relatively unknown Árpád Göncz, who subsequently became Hungary’s first post-communist president. This book charts the political career of Árpád Göncz, outlining the outstanding contribution he made to Hungary’s transition to democracy. Drawing on a wide range of sources, including archives and interviews with Göncz himself and others, it shows how Göncz, unlike Havel who was a playwright and whose political role was largely symbolic, was a campaigning politician all his life, consistently advocating social democratic, but not communist, values. Imprisoned from 1956 for his participation in the 1956 uprising, Göncz was a highly-effective political operator in the transition period around 1989, and as president wielded real power effectively. As politics in Hungary are again marred by deep division and fragmentation, Göncz’s success in bringing rival groups together is even more pronounced.

Author : Anonim
Publisher : Unknown
Page : 224 pages
File Size : 52,8 Mb
Release : 2009
Category : Bibliography
ISBN : STANFORD:36105134444236

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Current Publications in Legal and Related Fields by Anonim Pdf

Author : Gerhard Bosch,Steffen Lehndorff,Jill Rubery
Publisher : Palgrave MacMillan
Page : 314 pages
File Size : 53,6 Mb
Release : 2009-03-31
Category : Business & Economics
ISBN : PSU:000066061977

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European Employment Models in Flux by Gerhard Bosch,Steffen Lehndorff,Jill Rubery Pdf

European employment models are under pressure to meet new external challenges and changing internal needs. Nine country chapters, covering the UK, Germany, France, Sweden, Italy, Greece, Spain, Hungary and Austria, reveal that institutional change in production, employment and welfare regimes is producing uneven outcomes. These outcomes are found to depend not only upon the variety of capitalism or welfare regime but also on actors' political will, at national and European level, and the model's specific architecture. Although examples of revitalization affirm the potential for institutional renewal, the prevalence of partial and incoherent reforms is eroding European employment standards. What is at stake here is the future of the European social model. The problem here is not so much the EU social and employment reform agenda but its influence on the organization of product markets and macro economic management where its policies are constraining options for social innovation.

Author : Magdalena Tulibacka
Publisher : Routledge
Page : 294 pages
File Size : 54,9 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781317075394

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Product Liability Law in Transition by Magdalena Tulibacka Pdf

This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.

Author : C. Hartwell
Publisher : Springer
Page : 250 pages
File Size : 46,6 Mb
Release : 2013-04-30
Category : Business & Economics
ISBN : 9781137323712

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Institutional Barriers in the Transition to Market by C. Hartwell Pdf

Examines the institutional developments in 28 transition economies over the past two decades and concludes that, contrary to popular belief, institutions were not neglected; while personalities mattered as much as policies for outcomes, getting the basic institutions right was the most important aspect of a successful transition.

Author : Bartek Pytlas
Publisher : Routledge
Page : 253 pages
File Size : 40,7 Mb
Release : 2015-10-16
Category : Political Science
ISBN : 9781317495857

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Radical Right Parties in Central and Eastern Europe by Bartek Pytlas Pdf

In Central and Eastern Europe, radical right actors significantly impact public debates and mainstream policy agenda. But despite this high discursive influence, the electoral fortune of radical right parties in the region is much less stable. It has been suggested that this may be due to the fact that mainstream competitors increasingly co-opt issues which are fundamental for the radical right. However, the extent to which such tactics play a role in radical right electoral success and failure is still a subject for debate. This book is the first to provide a systematic theoretical framework and in-depth empirical research on the interaction between discursive influence, party competition and the electoral fortune of radical right parties in Central and Eastern Europe. It argues that in order to fully explain the impact of mainstream party strategies in this regard, it is vital to widen the analysis beyond competition over issues themselves, and towards their various legitimizing narratives and frame ownership. Up-to-date debates over policies of collective identity (minority, morality and nationalizing politics) in Hungary, Poland, and Slovakia serve as best cases to observe these under-researched phenomena. The analytical model is evaluated comparatively using original, primary data combined with election studies and expert surveys. Advancing an innovative, fine-grained approach on the mechanisms and effects of party competition between radical right and mainstream parties, this book will be of interest to students and scholars researching the far right and European party politics, as well as political contestation and framing.

Author : András L. Pap
Publisher : Routledge
Page : 176 pages
File Size : 49,5 Mb
Release : 2017-08-03
Category : Law
ISBN : 9781351684675

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Democratic Decline in Hungary by András L. Pap Pdf

This book shows the rise and morphology of a self-identified `illiberal democracy’, the first 21st century illiberal political regime arising in the European Union. Since 2010, Viktor Orbán’s governments in Hungary have convincingly offered an anti-modernist and anti-cosmopolitan/anti-European Unionist rhetoric, discourse and constitutional identity to challenge neo-liberal democracy. The Hungarian case provides unique observation points for students of transitology, especially those who are interested in states which are to abandon pathways of liberal democracy. The author demonstrates how illiberalism is present both in `how’ and `what’ is being done: the style, format and procedure of legislation; as well as the substance: the dismantling of institutional rule of law guarantees and the weakening of checks and balances. The book also discusses the ideological commitments and constitutionally framed and cemented value preferences, and a reconstituted and re-conceptualized relationship between the state and its citizens, which is not evidently supported by Hungarians’ value system and life-style choices.

Author : Cheng-Yi Huang
Publisher : Taylor & Francis
Page : 263 pages
File Size : 51,5 Mb
Release : 2022-11-11
Category : Law
ISBN : 9780429998836

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Constitutionalizing Transitional Justice by Cheng-Yi Huang Pdf

This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.

Author : Paul Blokker
Publisher : Routledge
Page : 239 pages
File Size : 51,7 Mb
Release : 2009-12-04
Category : Political Science
ISBN : 9781135193072

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Multiple Democracies in Europe by Paul Blokker Pdf

This book provides an in-depth discussion and analysis of democracy in Europe, with a focus on the new EU member states, and makes an important and original contribution to the debate on the future of European democracy. Author Paul Blokker seeks to provide a critical reconceptualization of the notion of democratic political culture by developing a ‘multiple democracies’ theoretical approach. He draws on debates in democratization theory and normative political theory, and presents a cultural-sociological approach for the analysis of democratization and democratic regimes. This approach emphasizes the historical and cultural embedment of democracy, identifies a potential variety of ‘ethics of democracy’ that underpin democratic political cultures, and points to the significance of democratic imagination in the interpretation and recombination of such ethics. The book explores the relevance of this approach by analysing multiple political cultures and their role in the emergence of democratic regimes in three new member states - Hungary, Poland, and Romania - providing a detailed description and analysis of political cultures by means of the analysis of constitutional politics, constitutional texts, and political elite discourses, and the identification of distinct politico-cultural elements that distinguish these societies from each other. It will be of interest to students and scholars of democracy, European studies, post-communist studies, political theory and comparative politics.