Importing The Law In Post Communist Transitions


Importing The Law In Post Communist Transitions
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Importing The Law In Post Communist Transitions


Importing The Law In Post Communist Transitions
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Author : Catherine Dupré
language : en
Publisher: Bloomsbury Publishing
Release Date : 2003-03-14

Importing The Law In Post Communist Transitions written by Catherine Dupré and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-03-14 with Law categories.


This book,one of the very first monographs on the Hungarian Constitutional Court available in English, is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe. It shows that the genesis of the new legal order was determined by massive Western involvement and an unprecedented movement of export/import of law. Anchored in a detailed comparative study of German and Hungarian constitutional case law on human dignity, this book argues that law importation was a deliberate strategy carried out by the Hungarian Court in the early years of its operation. It explains how the circumstances of the transition and the background of the importers determined the choice of German case law as a model and how the Court used it to construct its own version of the right to human dignity. It highlights the Hungarian Court's instrumentalisation of imported law in order to lay the foundations of a new conception of fundamental rights. While focusing on the Hungarian experience, this book engages with international debates and provides an original theoretical framework for approaching the movement of law from the importers' perspective.



Importing The Law In Post Communist Transitions


Importing The Law In Post Communist Transitions
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Author : Catherine Dupré
language : en
Publisher: Hart Publishing
Release Date : 2003-03-14

Importing The Law In Post Communist Transitions written by Catherine Dupré and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-03-14 with Law categories.


This book is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe.



The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe


The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe
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Author : Liviu Damşa
language : en
Publisher: Springer
Release Date : 2017-01-03

The Transformation Of Property Regimes And Transitional Justice In Central Eastern Europe written by Liviu Damşa and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-03 with Law categories.


This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.



Annual Of German And European Law


Annual Of German And European Law
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Author : Russell Miller
language : en
Publisher: Berghahn Books
Release Date : 2007-02-01

Annual Of German And European Law written by Russell Miller and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-02-01 with Law categories.


German law has been of long-standing interest and increasing relevance around the world, but access for researchers and practitioners very frequently was limited by the necessity of German language proficiency. Offering English-language access to these fields, the Annual of German & European Law is a significant contribution to the global discourse on and study of German, European and Comparative law. Each volume presents: (1) articles – original, cutting-edge scholarship from the fields of German and European law; (2) jurisdictional reports – comments on the latest caselaw from Germany’s most significant courts and the case-law of the European courts having importance for Germany; (3) book reviews – surveying the most compelling recent literature (whether in the German or English language) in the fields of German and European law; and (4) translations – exclusive English-language versions of significant primary sources of German law, including statutes and court opinions). The first volumes of the Annual of German & European Law have attracted contributions from some of the most preeminent commentators, scholars and jurists in the fields, including, among others: Luke Nottage (Volume I); Juliet Lodge (Volume I); Alexander Somek (Volume I): Susanne Baer (Volume I): Renate Jaeger (Volume II): Günter Frankenberg (Volume II): Bootjan Zupanãiã (Volume II): Nigel Foster (Volume II) The third volume maintains this tradition of high quality, peer-reviewed scholarship with contributions expected from Gertrude Lübbe-Wolff (Justice, German Federal Constitutional Court) and Christian Joerges (European University Institute).



Transforming Post Communist Political Economies


Transforming Post Communist Political Economies
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Author : National Research Council
language : en
Publisher: National Academies Press
Release Date : 1998-03-02

Transforming Post Communist Political Economies written by National Research Council and has been published by National Academies Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-03-02 with Political Science categories.


This ground-breaking new volume focuses on the interaction between political, social, and economic change in Central and Eastern Europe and the New Independent States. It includes a wide selection of analytic papers, thought-provoking essays by leading scholars in diverse fields, and an agenda for future research. It integrates work on the micro and macro levels of the economy and provides a broad overview of the transition process. This volume broadens the current intellectual and policy debate concerning the historic transition now taking place from a narrow concern with purely economic factors to the dynamics of political and social change. It questions the assumption that the post-communist economies are all following the same path and that they will inevitably develop into replicas of economies in the advanced industrial West. It challenges accepted thinking and promotes the utilization of new methods and perspectives.



Product Liability Law In Transition


Product Liability Law In Transition
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Author : Magdalena Tulibacka
language : en
Publisher: Routledge
Release Date : 2016-04-08

Product Liability Law In Transition written by Magdalena Tulibacka and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Law categories.


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.



Central And Eastern Europe After Transition


Central And Eastern Europe After Transition
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Author : Wojciech Sadurski
language : en
Publisher: Routledge
Release Date : 2016-04-08

Central And Eastern Europe After Transition written by Wojciech Sadurski and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Law categories.


How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.



The Piratization Of Russia


The Piratization Of Russia
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Author : Marshall I. Goldman
language : en
Publisher: Routledge
Release Date : 2003-04-10

The Piratization Of Russia written by Marshall I. Goldman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-10 with Business & Economics categories.


In 1991, a small group of Russians emerged from the collapse of the Soviet Union and enjoyed one of the greatest transfers of wealth ever seen, claiming ownership of some of the most valuable petroleum, natural gas and metal deposits in the world. By 1997, five of those individuals were on Forbes Magazine's list of the world's richest billionaires.



National Constitutions In European And Global Governance Democracy Rights The Rule Of Law


National Constitutions In European And Global Governance Democracy Rights The Rule Of Law
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Author : Anneli Albi
language : en
Publisher: Springer
Release Date : 2019-05-29

National Constitutions In European And Global Governance Democracy Rights The Rule Of Law written by Anneli Albi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-29 with Law categories.


This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.



Ecuador S Good Living


Ecuador S Good Living
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Author : Carlos E. Gallegos-Anda
language : en
Publisher: BRILL
Release Date : 2020-11-23

Ecuador S Good Living written by Carlos E. Gallegos-Anda and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-23 with Social Science categories.


Ecuador’s “Good Living”: Crises, Discourse, and Law by Gallegos-Anda, presents a critical approach towards the concept of Buen Vivir that was included in Ecuador’s 2008 Constitution, presenting new inductive theories that analyse the context and power relations that forged it.