Prospects For Constitutionalism In Post Communist Countries

Author by : Levent Gönenç
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 46
Total Download : 441
File Size : 43,7 Mb
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Description : 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.


Prospects For Constitutionalism In Post Communist Countries

Author by : Levent Gönenç
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 46
Total Download : 898
File Size : 41,9 Mb
pdf pdf

Description : 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

Author by : Martin Krygier
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 86
Total Download : 954
File Size : 46,5 Mb
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Description : 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.


Public Policy And Law In Russia In Search Of A Unified Legal And Political Space

Author by : Robert S. Sharlet
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 14
Total Download : 632
File Size : 51,8 Mb
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Description : This work traces the attempt to complete the creation of a unified legal and political system in contemporary Russia. Multiple political and legal aspects of the problem are examined by both political scientists and legal scholars. The volume focuses on post-Soviet developments in Russia, especially during the Putin administration. The contributors' perspectives include constitutional law, judicial development, law reform, human rights, federalism, and international law. The collective study finds that much progress has been made toward the unification of political and legal space in Russia, although significant problems remain to be addressed in order for the process to continue to move forward.


Russian Law

Author by : Ferdinand Joseph Maria Feldbrugge
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 53
Total Download : 638
File Size : 52,6 Mb
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Description : This is the first treatise on Russia's new legal system, as it emerged from the dissolution of the Soviet Union. The first part of the book analyses in detail the political and economic origins of "perestroika," indispensable for understanding the basic parameters of the evolution of Russian law. In the following chapters all major legal subjects are discussed against the background of their Soviet past and as the result of the radical changes in the political, social and economic make-up of the country. The appendices include the texts of the U.S.S.R. and Russian Constitutions, the Agreement of Minsk, The Russian Federation Treaty, bibliographical sources, and extensive indices of Soviet and Russian legislation. The book has been written for legal practitioners, comparative lawyers, and students of Russian law, but will also be of interest to a wider audience of political scientists, journalists, etc.


Freedom Of Speech

Author by : Uladzislau Belavusau
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 17
Total Download : 650
File Size : 55,6 Mb
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Description : This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe’s porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.


Central And Eastern Europe After Transition

Author by : Wojciech Sadurski
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 35
Total Download : 423
File Size : 45,8 Mb
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Description : 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.


Irish Politics Today

Author by : Neil Collins
Languange : en
Publisher by : Manchester University Press
Format Available : PDF, ePub, Mobi
Total Read : 76
Total Download : 746
File Size : 45,7 Mb
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Description : This introduction to the politics of the Irish republic includes coverage of the 1997 general election, and the creation of a new coalition of Fianna Fail and the Progressive Democrats under Bertie Ahern that year. Reflecting recent developments in Irish politics, the book now has an entire chapter devoted to sleaze.


The Future Of Liberal Democracy

Author by : Robert Fatton Jr.
Languange : en
Publisher by : Springer
Format Available : PDF, ePub, Mobi
Total Read : 79
Total Download : 994
File Size : 50,8 Mb
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Description : Top scholars and practitioners from a variety of ideological perspectives consider liberal democracy and the Jeffersonian legacy, both in relation to key issues in the practice and theory of rights (human rights, individual rights) and in relation to key themes in political thought such as citizenship and participation that remain at the forefront of our debates about public life today. The first section of this collection provides historical and theoretical perspectives on Jefferson's ideals and thought. The second section explores the key themes of sovereignty, citizenship, participation, and accountability. A concluding section analyzes the relevance and place of Jefferson's legacy and the fate of liberal democracy in today's world. Contributors offer varying perspectives on questions such as: Is what is good for America good for the rest of the world? What are the constraints that exist on the global spread of democracy, liberal or otherwise?


The Rebirth Of Russian Democracy

Author by : Nicolai N. Petro
Languange : en
Publisher by : Harvard University Press
Format Available : PDF, ePub, Mobi
Total Read : 58
Total Download : 932
File Size : 49,7 Mb
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Description : Includes bibliographical references and index.