Prospects For Constitutionalism In Post Communist Countries
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Prospects For Constitutionalism In Post Communist Countries
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Author : Levent Gönenç
language : en
Publisher: BRILL
Release Date : 2002-06-01
Prospects For Constitutionalism In Post Communist Countries written by Levent Gönenç and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-06-01 with Law categories.
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.
The Rule Of Law After Communism
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Author : Martin Krygier
language : en
Publisher: Routledge
Release Date : 2017-10-23
The Rule Of Law After Communism written by Martin Krygier and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-23 with Law categories.
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.
Limits To Democratic Constitutionalism In Central And Eastern Europe
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Author : Bogusia Puchalska
language : en
Publisher: Routledge
Release Date : 2016-05-06
Limits To Democratic Constitutionalism In Central And Eastern Europe written by Bogusia Puchalska and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-06 with Political Science categories.
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.
Prospects For Constitutionalism In Post Communist Countries
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Author : Levent Gönenç
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2002-06-18
Prospects For Constitutionalism In Post Communist Countries written by Levent Gönenç and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-06-18 with Law categories.
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.
From Civil Society To Europe
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Author : Grazyna Skapska
language : en
Publisher: BRILL
Release Date : 2011-05-23
From Civil Society To Europe written by Grazyna Skapska and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-23 with Social Science categories.
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.
Spreading Democracy And The Rule Of Law
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Author : Wojciech Sadurski
language : en
Publisher: Springer Science & Business Media
Release Date : 2006-07-30
Spreading Democracy And The Rule Of Law written by Wojciech Sadurski and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-07-30 with Law categories.
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?
Rethinking The Rule Of Law After Communism
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Author : Adam Czarnota
language : en
Publisher: Central European University Press
Release Date : 2005-09-10
Rethinking The Rule Of Law After Communism written by Adam Czarnota and has been published by Central European University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-09-10 with Law categories.
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.
Post Communist Parliaments
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Author : David M. Olson
language : en
Publisher: Routledge
Release Date : 2013-10-18
Post Communist Parliaments written by David M. Olson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-18 with Political Science categories.
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.
Institutional Design In Post Communist Societies
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Author : Jon Elster
language : en
Publisher: Cambridge University Press
Release Date : 1998-03-28
Institutional Design In Post Communist Societies written by Jon Elster and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998-03-28 with Biography & Autobiography categories.
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.
Constitutional Ratification Without Reason
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Author : Jeffrey A. Lenowitz
language : en
Publisher: Oxford University Press
Release Date : 2022-03-10
Constitutional Ratification Without Reason written by Jeffrey A. Lenowitz and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-03-10 with Constitutional law categories.
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.