Legal Reform In Post Communist Europe

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Legal Reform in Post-Communist Europe

Author : Frankowski
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004640223
Total Pages : 493 pages
Book Rating : 4.0/5 (46 download)

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

Download or read book Legal Reform in Post-Communist Europe written by Frankowski and published by Martinus Nijhoff Publishers. This book was released on 2023-10-20 with total page 493 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 the uses 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.

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.

From Triumph to Crisis

Author : Hilary Appel
Publisher : Cambridge University Press
ISBN 13 : 1108422292
Total Pages : 257 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis From Triumph to Crisis by : Hilary Appel

Download or read book From Triumph to Crisis written by Hilary Appel and published by Cambridge University Press. This book was released on 2018-05-10 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains the surprising endurance of neoliberal policymaking over two decades in post-Communist countries, from 1989-2008, and its decline after the financial crash.

Reinventing Media

Author : Mikl¢s S?k”sd
Publisher : Central European University Press
ISBN 13 : 9789639241497
Total Pages : 284 pages
Book Rating : 4.2/5 (414 download)

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Book Synopsis Reinventing Media by : Mikl¢s S?k”sd

Download or read book Reinventing Media written by Mikl¢s S?k”sd and published by Central European University Press. This book was released on 2003-01-01 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title focuses on the shortcomings of reforms and includes proposals for the current media scene in East-Central Europe and the Balkans

Post-Communist Party Systems

Author : Herbert Kitschelt
Publisher : Cambridge University Press
ISBN 13 : 9780521658904
Total Pages : 474 pages
Book Rating : 4.6/5 (589 download)

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Book Synopsis Post-Communist Party Systems by : Herbert Kitschelt

Download or read book Post-Communist Party Systems written by Herbert Kitschelt and published by Cambridge University Press. This book was released on 1999-08-13 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines democratic party competition in four post-communist polities in the 1990s. The work illustrates developments regarding different voter appeal of parties, patterns of voter representation, and dispositions to join other parties in alliances. Wider groups of countries are also compared.

Rule of Law Reform and Development

Author : M. J. Trebilcock
Publisher : Edward Elgar Publishing
ISBN 13 : 1848442971
Total Pages : 381 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Rule of Law Reform and Development by : M. J. Trebilcock

Download or read book Rule of Law Reform and Development written by M. J. Trebilcock and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of Law Reform and Development stands out as an important contribution. Michael Trebilcock and Ronald Daniels have produced an ambitious, comprehensive, and persuasive book that will be of interest to both rule of law practitioners and academics. . . the book s overall strengths as a near-encyclopaedic appraisal of law and development will ensure its standing as a key resource for this still rapidly evolving field. Irina Ceric, Canadian Journal of Law and Society This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other. Kevin Davis, New York University School of Law, US This is the book that I have been waiting for. Even though rule of law has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms. Dani Rodrik, Harvard University, US This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independence and accountability that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated. Pranab Bardhan, University of California, Berkeley, US Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies. Hans-Bernd Schäfer, University of Hamburg, Germany By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read. Anthony Ogus, CBE, FBA, University of Manchester, UK This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions Latin America, Africa, Central and Eastern Europe, and Asia this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organiza

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.

Justice Framed

Author : Marcos Zunino
Publisher : Cambridge University Press
ISBN 13 : 1108475256
Total Pages : 325 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Justice Framed by : Marcos Zunino

Download or read book Justice Framed written by Marcos Zunino and published by Cambridge University Press. This book was released on 2019-03-14 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new perspective on the history of transitional justice and why the discourse prioritises particular responses to human rights violations.

The Weakness of Civil Society in Post-Communist Europe

Author : Marc Morjé Howard
Publisher : Cambridge University Press
ISBN 13 : 9780521011525
Total Pages : 224 pages
Book Rating : 4.0/5 (115 download)

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Book Synopsis The Weakness of Civil Society in Post-Communist Europe by : Marc Morjé Howard

Download or read book The Weakness of Civil Society in Post-Communist Europe written by Marc Morjé Howard and published by Cambridge University Press. This book was released on 2003-03-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seeks to explain the weakness of civil society in the countries of post-Communist Europe.

Communism's Shadow

Author : Grigore Pop-Eleches
Publisher : Princeton University Press
ISBN 13 : 1400887828
Total Pages : 355 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Communism's Shadow by : Grigore Pop-Eleches

Download or read book Communism's Shadow written by Grigore Pop-Eleches and published by Princeton University Press. This book was released on 2017-05-09 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been assumed that the historical legacy of Soviet Communism would have an important effect on post-communist states. However, prior research has focused primarily on the institutional legacy of communism. Communism's Shadow instead turns the focus to the individuals who inhabit post-communist countries, presenting a rigorous assessment of the legacy of communism on political attitudes. Post-communist citizens hold political, economic, and social opinions that consistently differ from individuals in other countries. Grigore Pop-Eleches and Joshua Tucker introduce two distinct frameworks to explain these differences, the first of which focuses on the effects of living in a post-communist country, and the second on living through communism. Drawing on large-scale research encompassing post-communist states and other countries around the globe, the authors demonstrate that living through communism has a clear, consistent influence on why citizens in post-communist countries are, on average, less supportive of democracy and markets and more supportive of state-provided social welfare. The longer citizens have lived through communism, especially as adults, the greater their support for beliefs associated with communist ideology—the one exception being opinions regarding gender equality. A thorough and nuanced examination of communist legacies' lasting influence on public opinion, Communism's Shadow highlights the ways in which political beliefs can outlast institutional regimes.

The Struggle for Constitutional Justice in Post-Communist Europe

Author : Herman Schwartz
Publisher : University of Chicago Press
ISBN 13 : 9780226741963
Total Pages : 380 pages
Book Rating : 4.7/5 (419 download)

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Book Synopsis The Struggle for Constitutional Justice in Post-Communist Europe by : Herman Schwartz

Download or read book The Struggle for Constitutional Justice in Post-Communist Europe written by Herman Schwartz and published by University of Chicago Press. This book was released on 2000 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review

Democracy and Judicial Reforms in South-East Europe

Author : Cristina Dallara
Publisher : Springer
ISBN 13 : 3319044206
Total Pages : 150 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis Democracy and Judicial Reforms in South-East Europe by : Cristina Dallara

Download or read book Democracy and Judicial Reforms in South-East Europe written by Cristina Dallara and published by Springer. This book was released on 2014-07-08 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyzes the topic of judicial reforms in four countries of South-East Europe, focusing on two specific factors that have influenced the reforms in the past two decades: the role played by the European Union in light of the east Enlargement process and the legacies of the communist regimes. Specifically, the aim is to account for similarities and differences in the reform paths of Slovenia, Romania, Croatia, and Serbia. In each country, in fact, the influence of the EU policies has been differently mediated by national factors that, broadly conceived, may be considered as expressing the legacies of the past regimes. In some cases, these legacies challenged judicial reforms and inhibited the influence of the EU; in other cases, they were positively overcome by following the route suggested by the EU. Some explanatory factors for these differences will be proposed drawing from democratization studies, Europeanization literature, and comparative judicial systems. The book focuses on countries having different status vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process. vis-a` -vis the EU and differently involved, in term of timing, in the EU accession process: some of them are new member states entered in 2004 (Slovenia) or in 2007 (Romania); others were, until recently, acceding countries (Croatia) or candidates to the membership (Serbia). This comparison allows investigation of the power of EU conditionality in different phases of the EU enlargement process.

Institutional Design in Post-Communist Societies

Author : Jon Elster
Publisher : Cambridge University Press
ISBN 13 : 9780521479318
Total Pages : 368 pages
Book Rating : 4.4/5 (793 download)

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Book Synopsis Institutional Design in Post-Communist Societies by : Jon Elster

Download or read book Institutional Design in Post-Communist Societies written by Jon Elster and published by Cambridge University Press. This book was released on 1998-03-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

One Hundred Years of Communist Experiments

Author : Vladimir Tismaneanu
Publisher : Central European University Press
ISBN 13 : 9633864062
Total Pages : 408 pages
Book Rating : 4.6/5 (338 download)

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Book Synopsis One Hundred Years of Communist Experiments by : Vladimir Tismaneanu

Download or read book One Hundred Years of Communist Experiments written by Vladimir Tismaneanu and published by Central European University Press. This book was released on 2021-05-25 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why has communism’s humanist quest for freedom and social justice without exception resulted in the reign of terror and lies? The authors of this collective volume address this urgent question covering the one hundred years since Lenin’s coup brought the first communist regime to power in St. Petersburg, Russia in November 1917. The first part of the volume is dedicated to the varieties of communist fantasies of salvation, and the remaining three consider how communist experiments over many different times and regions attempted to manage economics, politics, as well as society and culture. Although each communist project was adapted to the situation of the country where it operated, the studies in this volume find that because of its ideological nature, communism had a consistent penchant for totalitarianism in all of its manifestations. This book is also concerned with the future. As the world witnesses a new wave of ideological authoritarianism and collectivistic projects, the authors of the nineteen essays suggest lessons from their analyses of communism’s past to help better resist totalitarian projects in the future.

A Coherent European Procurement Law and Policy for the Space Sector

Author : Stephan Hobe
Publisher : LIT Verlag Münster
ISBN 13 : 3643109113
Total Pages : 507 pages
Book Rating : 4.6/5 (431 download)

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Book Synopsis A Coherent European Procurement Law and Policy for the Space Sector by : Stephan Hobe

Download or read book A Coherent European Procurement Law and Policy for the Space Sector written by Stephan Hobe and published by LIT Verlag Münster. This book was released on 2011 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: Space is a matter of strategic importance and in need of concerted action by the European space actors. Distinct approaches to public procurement must not hamper the cooperation between the European Space Agency, the European Union and their respective Member States. The study provides a toolbox for space procurement that addresses specificities of this sector. Each tool is assessed in light of policy objectives, market conditions and the legal frameworks of the European Union and the European Space Agency. A discussion on selected means of policy implementation other than procurement, so-called Extra-Procurement Instruments, complements this toolbox. The Third Way in European space procurement caters for both coherence and flexibility needs and is intended to serve policy-makers as they finally make "Europe in Space" a reality.

East European Faces of Law and Society: Values and Practices

Author : William B. Simons
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004285229
Total Pages : 380 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis East European Faces of Law and Society: Values and Practices by : William B. Simons

Download or read book East European Faces of Law and Society: Values and Practices written by William B. Simons and published by Martinus Nijhoff Publishers. This book was released on 2014-10-09 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers readers a multi-layer analysis of issues of law and society in Central and Eastern Europe, Russia, and Ukraine. This collection of thought-provoking essays deals with a wide range of subject matter including constitutional, administrative, civil, and criminal law, as well as aspects of legal culture, corruption, corporate social responsibility, and informal practices of judiciaries. Throughout the volume, readers are given not only a comparative perspective of current practices but are also offered a historical glimpse of law and philosophy in the region. The conclusions and analysis offered by these authors - from the ''East'" as well as from the ''West'' - are supported by survey data, literature, legislation, and court practice in the region and abroad.

Institutional Design and Party Government in Post-communist Europe

Author : Csaba Nikolenyi
Publisher : Comparative Politics
ISBN 13 : 0199675309
Total Pages : 229 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Institutional Design and Party Government in Post-communist Europe by : Csaba Nikolenyi

Download or read book Institutional Design and Party Government in Post-communist Europe written by Csaba Nikolenyi and published by Comparative Politics. This book was released on 2014 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This books examines the institutional foundations of coalition government in the ten post-communist democracies of Eastern and Central Europe for the 1990-2010 period: Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia, and Slovenia. Its central argument is that differences in the arrangement of political institutions systematically explain variations in patterns of multi-party government across these states. The book starts with the premise that electoral systems and constitutional provisions about the powers, the structure, and the relationship between parliament and the presidency determine the degree to which political power is dispersed or concentrated in the political system. On the basis of these institutional features, three groups of states are distinguished with regard to their degree of power concentration; the substantive chapters of the book demonstrate how these institutional combinations and differences shape three specific facets of party government which capture the main stages of the lifecycle of coalitions governments: the formation of electoral coalitions, government formation and government duration. Specifically, three comparative chapters assess the impact of institutional power concentration on the size of electoral coalitions; the likelihood that political parties form a minority government; and the number of days that a government lasts in office. The main finding of the book is that power concentration matters: political parties in those democracies where institutions are designed to concentrate political power tend to form large electoral coalitions, they tend to form majority rather than undersized governments, and they build more durable cabinets. In addition, the book contains a detailed case study of government formation in Hungary and a previously unstudied comparison of indirect presidential elections in four states: the Czech Republic, Estonia, Hungary and Latvia. Comparative Politics is a series for students, teachers, and researchers of political science that deals with contemporary government and politics. Global in scope, books in the series are characterised by a stress on comparative analysis and strong methodological rigour. The series is published in association with the European Consortium for Political Research. For more information visit: www.ecprnet.eu.