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 : 32
Total Download : 451
File Size : 42,7 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.


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 : 95
Total Download : 843
File Size : 53,8 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.


Post Communist Parliaments

Author by : David M. Olson
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 720
File Size : 49,6 Mb
pdf pdf

Description : 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.


The Rule Of Law After Communism

Author by : Martin Krygier
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 64
Total Download : 874
File Size : 55,7 Mb
pdf pdf

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.


Russian Law

Author by : Ferdinand Joseph Maria Feldbrugge
Languange : en
Publisher by : Martinus Nijhoff Publishers
Format Available : PDF, ePub, Mobi
Total Read : 36
Total Download : 912
File Size : 54,6 Mb
pdf pdf

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.


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 : 76
Total Download : 593
File Size : 53,6 Mb
pdf pdf

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.


The Rebirth Of Russian Democracy

Author by : Nicolai N. Petro
Languange : en
Publisher by : Harvard University Press
Format Available : PDF, ePub, Mobi
Total Read : 23
Total Download : 755
File Size : 54,8 Mb
pdf pdf

Description : Includes bibliographical references and index.


American Book Publishing Record

Author by :
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 32
Total Download : 270
File Size : 45,5 Mb
pdf pdf

Description :


Development Of Class Structure In Eastern Europe

Author by : Aleksander Gella
Languange : en
Publisher by : SUNY Press
Format Available : PDF, ePub, Mobi
Total Read : 97
Total Download : 685
File Size : 47,6 Mb
pdf pdf

Description : Emphasizing the development of class structure, this book is the first in English to describe the historical and social development of Poland, Czechoslovakia, Hungary, and Romania from medieval feudalism to modern capitalism. Historically these countries have maintained mostly peaceful relations among themselves in the past and now share the common characteristic of being Soviet "satellites." The author has devoted particular attention to Poland because of its unique political system, as well as its greater size, population, and cultural influence. The book is divided into three sections: part one reviews the early history and social structure of each country; part two provides a sociological analysis of social classes and their evolution over centuries; and part three examines the effect that World War II has had on these social classes.


Freedom Of Speech

Author by : Uladzislau Belavusau
Languange : en
Publisher by : Routledge
Format Available : PDF, ePub, Mobi
Total Read : 75
Total Download : 362
File Size : 42,5 Mb
pdf pdf

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.