The Rule Of Law After Communism

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Rethinking the Rule of Law after Communism

Author : Adam Czarnota
Publisher : Central European University Press
ISBN 13 : 6155053626
Total Pages : 392 pages
Book Rating : 4.1/5 (55 download)

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Book Synopsis Rethinking the Rule of Law after Communism by : Adam Czarnota

Download or read book Rethinking the Rule of Law after Communism written by Adam Czarnota and published by Central European University Press. This book was released on 2005-09-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rule of Law after Communism

Author : Martin Krygier
Publisher : Routledge
ISBN 13 : 1351540726
Total Pages : 352 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis The Rule of Law after Communism by : Martin Krygier

Download or read book The Rule of Law after Communism written by Martin Krygier and published by Routledge. This book was released on 2017-10-23 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Rule of Law in Central Europe

Author : Jiri Pribán
Publisher : Routledge
ISBN 13 : 0429775997
Total Pages : 277 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis The Rule of Law in Central Europe by : Jiri Pribán

Download or read book The Rule of Law in Central Europe written by Jiri Pribán and published by Routledge. This book was released on 2019-06-04 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this volume is a series of essays on the countries of Central Europe. The essays explore the post-1989 establishment of the rule of law and civil society. It brings together analysis and perceptions from social scientists, political scientists and lawyers, seeking through particular issues to explore the similarities and differences between different countries. While other books have explored the changes in former Soviet Block countries since 1989, the book’s distinctiveness lies in three qualities: its concentration on Central Europe a concept explored in the book; giving fuller attention to the Czech Republic and Slovakia than other post-communist studies often do; providing perceptions of scholars from different disciplines.

Importing the Law in Post-Communist Transitions

Author : Catherine Dupré
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310451
Total Pages : 240 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Importing the Law in Post-Communist Transitions by : Catherine Dupré

Download or read book Importing the Law in Post-Communist Transitions written by Catherine Dupré and published by Bloomsbury Publishing. This book was released on 2003-03-14 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe

Author : Vladimíra Dvořáková
Publisher : CPI/PSRC
ISBN 13 : 9537022188
Total Pages : 233 pages
Book Rating : 4.5/5 (37 download)

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Book Synopsis Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe by : Vladimíra Dvořáková

Download or read book Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe written by Vladimíra Dvořáková and published by CPI/PSRC. This book was released on 2007 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Post-Communist Transitional Justice

Author : Lavinia Stan
Publisher : Cambridge University Press
ISBN 13 : 1316272664
Total Pages : 357 pages
Book Rating : 4.3/5 (162 download)

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Book Synopsis Post-Communist Transitional Justice by : Lavinia Stan

Download or read book Post-Communist Transitional Justice written by Lavinia Stan and published by Cambridge University Press. This book was released on 2015-02-26 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking stock of the twenty-fifth anniversary of the collapse of the communist regimes of Central and Eastern Europe, this volume explores how these societies have grappled with the serious human rights violations of past regimes. It focuses on the most important factors that have shaped the nature, speed, and sequence of transitional justice programs in the period spanning the revolutions that brought about the collapse of the communist dictatorships and the consolidation of new democratic regimes. Contributors explain why leaders made certain choices, discuss the challenges they faced, and explore the role of under-studied actors and grassroots strategies. Written by recognized experts with an unparalleled grasp of the region's communist and post-communist reality, this volume addresses far-reaching reckoning, redress, and retribution policy choices. It is an engaging, carefully crafted volume, which covers a wide variety of cases and discusses key transitional justice theories using both qualitative and quantitative research methods.

The Rule of Law in Central Europe

Author : JIRI;YOUNG PRIBAN (JAMES.)
Publisher :
ISBN 13 : 9780429431449
Total Pages : pages
Book Rating : 4.4/5 (314 download)

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Book Synopsis The Rule of Law in Central Europe by : JIRI;YOUNG PRIBAN (JAMES.)

Download or read book The Rule of Law in Central Europe written by JIRI;YOUNG PRIBAN (JAMES.) and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1999, this volume is a series of essays on the countries of Central Europe. The essays explore the post-1989 establishment of the rule of law and civil society. It brings together analysis and perceptions from social scientists, political scientists and lawyers, seeking through particular issues to explore the similarities and differences between different countries. While other books have explored the changes in former Soviet Block countries since 1989, the book's distinctiveness lies in three qualities: its concentration on Central Europe a concept explored in the book; giving fuller attention to the Czech Republic and Slovakia than other post-communist studies often do; providing perceptions of scholars from different disciplines.

After the Big Bang?

Author : Karla Ruth Hoff
Publisher : World Bank Publications
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4./5 ( download)

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Book Synopsis After the Big Bang? by : Karla Ruth Hoff

Download or read book After the Big Bang? written by Karla Ruth Hoff and published by World Bank Publications. This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the collapse of comm ...

Post-communist Restitution and the Rule of Law

Author : Csongor Kuti
Publisher : Central European University Press
ISBN 13 : 9789639776401
Total Pages : 338 pages
Book Rating : 4.7/5 (764 download)

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Book Synopsis Post-communist Restitution and the Rule of Law by : Csongor Kuti

Download or read book Post-communist Restitution and the Rule of Law written by Csongor Kuti and published by Central European University Press. This book was released on 2009-01-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eastern European societies underwent large-scale deprivations of property by the authoritarian regimes, beginning after World War II, largely ending with the last waves of the kolkhoz movement in the early 1960s. Kuti examines property reparations that took place after 1989, from the perspective of constitutional justice, the rule of law, but also from the point of view of identity politics. A controversial and at times contentious issue is tackled here, effecting people's lives and material situations drastically whilst touching upon the raw nerves of history. Kuti compares property restitution schemes in the Baltic States, Poland, Germany, Czech Republic, Slovakia, Hungary and Romania. Argues that the aims of compensation and reparation were coupled with goals of structural reform. Provides an international perspective, through extensive reference to the jurisprudence of the European Court of Human Rights, as well as to some other jurisdictions confronted with indigenous peoples' claims. The inquiry concludes that the ideals of rule of law and justice cannot lead to consistent solutions in this problem, and the presence of an imperfect theorization is demonstrated.

Western Rights?:Post-Communist Application

Author : Andras Sajo
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041102639
Total Pages : 406 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Western Rights?:Post-Communist Application by : Andras Sajo

Download or read book Western Rights?:Post-Communist Application written by Andras Sajo and published by Kluwer Law International B.V.. This book was released on 1996-07-10 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides a complete record of the discussisons held and papers presented at a conference on `The Individual v. The State', held in Budapest at the Central European University, which focused on various theories about the nature and role of rights. Rights have the function of protecting the individual against collectivity, against restrictions of individual freedom and against the imposition of burdens on individuals for the sake of the common good. Joseph Raz argues in his introduction that rights cannot be understood in terms of these functions as this would distort the understanding of their role in morality and law. The book is divided into six parts, covering the following key topics: Concepts of Rights Transition to Rights--Rights in Transition Equality and Social Rights Minorities and Citizenship The International Dimension Economics of Rights It shows how varied the understanding of rights is among different theorists and in the practice of different countries, and will be of prime interest to academics involved in legal theory.

Rule of Law and Democracy

Author :
Publisher : BRILL
ISBN 13 : 9004184333
Total Pages : 227 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Rule of Law and Democracy by :

Download or read book Rule of Law and Democracy written by and published by BRILL. This book was released on 2010-04-06 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a reappraisal of rule of law and democracy the contributors provide for a fresh set of inquiries, from the State, consolidated and transitional democracies, to interstate, European and global scenarios. They converge in tackling empirical and normative questions, and suggest further connections between rule of law and democracy.

After the Big Bang? Obstacles to the Emergence of the Rule of Law in Post-Communist Societies

Author : Karla Hoff
Publisher :
ISBN 13 :
Total Pages : 55 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis After the Big Bang? Obstacles to the Emergence of the Rule of Law in Post-Communist Societies by : Karla Hoff

Download or read book After the Big Bang? Obstacles to the Emergence of the Rule of Law in Post-Communist Societies written by Karla Hoff and published by . This book was released on 2016 with total page 55 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the collapse of comm ...

Legal Reform in Post-Communist Europe

Author : Stanisław Frankowski
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9780792332183
Total Pages : 498 pages
Book Rating : 4.3/5 (321 download)

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Book Synopsis Legal Reform in Post-Communist Europe by : Stanisław Frankowski

Download or read book Legal Reform in Post-Communist Europe written by Stanisław Frankowski and published by Martinus Nijhoff Publishers. This book was released on 1995 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents an effort to assess the unprecedented political, economic, and social reforms that have swept through Central and Eastern Europe in the five years since the collapse of Communism. The dismantling of the Warsaw Pact, the Council for Mutual Economic Assistance, the Communist Party apparatus, and the various manifestations of the nomenklatura' political control system have meant different things in different countries, but throughout the region we have witnessed a struggle to replace an authoritarian, one-party political system and a command economy with something resembling Western-style constitutional democracy and market economics. Accompanying this struggle have been attempts to transform the legal structure of these countries. It is no exaggeration to claim that lawyers, and particularly legal scholars, have played a central role in the struggle for reform in post-communist Europe. As conceived by its principal organizer and editor (Stanislaw Frankowski), this study gives these scholars an opportunity to express their perceptions of the success achieved to date and the work still remaining. A secondary goal is to expose a Western audience to the views and insights of legal scholars who have worked within the Central and Eastern European traditions. The four parts of this book reflect the principal areas in which legal reform seemed essential. First comes the reconstitutionalization of the societies in question, which means above all else the elimination of single-party politics and the notion of unity of powers. Then comes the creation of the legal institutions that would make possible a civil society under law. Then the institutions that moderate and control theuses of state power to discipline and punish persons that have transgressed the society's norms. Finally there is the question of how law reform had dealt with industrial democracy and the anticipated transformation of the workplace.

From 'Civil Society' to 'Europe'

Author : Grazyna Skapska
Publisher : BRILL
ISBN 13 : 9004203915
Total Pages : 268 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis From 'Civil Society' to 'Europe' by : Grazyna Skapska

Download or read book From 'Civil Society' to 'Europe' written by Grazyna Skapska and published by BRILL. This book was released on 2011-05-23 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Constitutional Justice, East and West

Author : Wojciech Sadurski
Publisher : Springer Science & Business Media
ISBN 13 : 9789041118837
Total Pages : 472 pages
Book Rating : 4.1/5 (188 download)

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Book Synopsis Constitutional Justice, East and West by : Wojciech Sadurski

Download or read book Constitutional Justice, East and West written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the power of constitutional judges to overturn parliamentary choices on the basis of their own reading of the constitution, be reconciled with fundamental democratic principles which assign the supreme role in the political system to parliaments? This time-honoured question acquired a new significance when the post-commumst countries of Central and Eastern Europe, without exception, adopted constitutional models in which constitutional courts play a very significant role, at least in theory. Can we learn something about the relationship between democracy and constitutionalism in general, from the meteoric rise of constitutional tribunals in the post-communist countries? Can the discussions and controversies relating to constitutional review which have been going on for decades in more established democracies illuminate the sources of the strength of constitutional courts in Central and Eastern Europe? These questions lie at the center of this book, which focuses on the question of constitutional review in postcommunist states, from a theoretical and comparative perspective. The chapters contained in the book outline the conceptual framework for analyzing the sources, the role and the legitimacy of constitutional justice in a system of political democracy. From this perspective, it assesses the experience of constitutional justice in the West (where the model originated) and in Central and Eastern Europe, where the model has been implanted after the fail of Communism.

Law and Informal Practices

Author : Denis James Galligan
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199259366
Total Pages : 210 pages
Book Rating : 4.2/5 (593 download)

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Book Synopsis Law and Informal Practices by : Denis James Galligan

Download or read book Law and Informal Practices written by Denis James Galligan and published by Oxford University Press on Demand. This book was released on 2003 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Informal Practices is a work in socio-legal studies, examining the functions and effectiveness of law in the countries of the former Soviet Union. As the transition away from communism enters its second decade, the countries involved are confronted by an apparent failure of law.Understanding the newly formed social order in which law is powerless is a challenge to the assumptions of western jurisprudence. The contributors to this book take up that challenge. Using the framework of contemporary theory, ten specialists in different aspects of social science analyse the status of post-communist law from a variety of perspectives. Their emphasis is on the interplay between law and social norms, informalpractices, and human values. Their work contributes to several of the wider ongoing debates in socio-legal studies: on the rule of law and its role in maintaining social order; on the interaction between law and social norms, relation between legitimacy and legality; and on the relative merits ofsolving problems by informal means such as networking or the use of intermediaries rather than by formal, institutionalised processes. At the same time, the book is intended to meet the needs of those interested not just in law but in the post-communist region. Blending theory with case studies, each contributor focuses on a single sector, such as the political system, worker-management relations, human rights, the machinery bywhich law is made and implemented, or the cultural and historical background of the societies under consideration. The majority of the chapters draw directly upon the authors' own experience and empirical research.

Democracy and Its Alternatives

Author : Richard Rose
Publisher : JHU Press
ISBN 13 : 9780801860386
Total Pages : 294 pages
Book Rating : 4.8/5 (63 download)

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Book Synopsis Democracy and Its Alternatives by : Richard Rose

Download or read book Democracy and Its Alternatives written by Richard Rose and published by JHU Press. This book was released on 1998-10-16 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collapse of Communism has created the opportunity for democracy to spread from Prague to the Baltic and Black Seas. But the alternatives—dictatorship or totalitarian rule—are more in keeping with the traditions of Central Europe. And for many post-Communist societies, democracy has come to be associated with inflation, unemployment, crime, and corruption. Is it still true, then, as Winston Churchill suggested a half-century ago, that people will accept democracy with all its faults—because it is better than anything else? To find out, political scientists Richard Rose, William Mishler, and Christian Haerpfer examine evidence from post-Communist societies in eastern Europe. Drawing on data from public opinion and exit polls, election results, and interviews, the authors present testable hypotheses regarding regime change, consolidation, and prospects for stabilization. The authors point out that the abrupt transition to democracy in post-Communist countries is normal; gradual evolution in the Anglo-American way is the exception to the rule. While most recent books on democratization focus on Latin America and, to some extent, Asia, the present volume offers a unique look at the process currently under way in nine eastern European countries: the Czech Republic, Hungary, Slovakia, Poland, Slovenia, Bulgaria, Romania, Belarus, and Ukraine. Despite the many problems these post-Communist societies are experiencing in making the transition to a more open and democratic polity, the authors conclude that a little democracy is better than no democracy at all.