Importing the Law in Post-Communist Transitions PDF Download
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Author: Catherine Dupré
Publisher: Bloomsbury Publishing
ISBN: 1847310451
Category : Law
Languages : en
Pages : 240
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Book Description
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.
Author: Catherine Dupré
Publisher: Bloomsbury Publishing
ISBN: 1847310451
Category : Law
Languages : en
Pages : 240
Get Book
Book Description
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.
Author: Catherine Dupré
Publisher: Hart Publishing
ISBN: 1841131318
Category : Law
Languages : en
Pages : 239
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Book Description
This book is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe.
Author: Russell Miller
Publisher: Berghahn Books
ISBN: 1789206030
Category : Law
Languages : en
Pages : 568
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Book Description
German law has been of long-standing interest and increasing relevance around the world, but access for researchers and practitioners very frequently was limited by the necessity of German language proficiency. Offering English-language access to these fields, the Annual of German & European Law is a significant contribution to the global discourse on and study of German, European and Comparative law. Each volume presents: (1) articles – original, cutting-edge scholarship from the fields of German and European law; (2) jurisdictional reports – comments on the latest caselaw from Germany’s most significant courts and the case-law of the European courts having importance for Germany; (3) book reviews – surveying the most compelling recent literature (whether in the German or English language) in the fields of German and European law; and (4) translations – exclusive English-language versions of significant primary sources of German law, including statutes and court opinions). The first volumes of the Annual of German & European Law have attracted contributions from some of the most preeminent commentators, scholars and jurists in the fields, including, among others: Luke Nottage (Volume I); Juliet Lodge (Volume I); Alexander Somek (Volume I): Susanne Baer (Volume I): Renate Jaeger (Volume II): Günter Frankenberg (Volume II): Bootjan Zupanãiã (Volume II): Nigel Foster (Volume II) The third volume maintains this tradition of high quality, peer-reviewed scholarship with contributions expected from Gertrude Lübbe-Wolff (Justice, German Federal Constitutional Court) and Christian Joerges (European University Institute).
Author: Magdalena Tulibacka
Publisher: Routledge
ISBN: 1317075390
Category : Law
Languages : en
Pages : 294
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Book Description
This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.
Author: Wojciech Sadurski
Publisher: Routledge
ISBN: 1317168992
Category : Law
Languages : en
Pages : 378
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Book 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.
Author: Carlos E. Gallegos-Anda
Publisher: BRILL
ISBN: 900443951X
Category : Social Science
Languages : en
Pages : 318
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Book Description
Ecuador’s “Good Living”: Crises, Discourse, and Law by Gallegos-Anda, presents a critical approach towards the concept of Buen Vivir that was included in Ecuador’s 2008 Constitution, presenting new inductive theories that analyse the context and power relations that forged it.
Author: National Research Council
Publisher: National Academies Press
ISBN: 9780309059299
Category : Political Science
Languages : en
Pages : 534
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Book Description
This ground-breaking new volume focuses on the interaction between political, social, and economic change in Central and Eastern Europe and the New Independent States. It includes a wide selection of analytic papers, thought-provoking essays by leading scholars in diverse fields, and an agenda for future research. It integrates work on the micro and macro levels of the economy and provides a broad overview of the transition process. This volume broadens the current intellectual and policy debate concerning the historic transition now taking place from a narrow concern with purely economic factors to the dynamics of political and social change. It questions the assumption that the post-communist economies are all following the same path and that they will inevitably develop into replicas of economies in the advanced industrial West. It challenges accepted thinking and promotes the utilization of new methods and perspectives.
Author: Ioannis Glinavos
Publisher: Routledge
ISBN: 1135150265
Category : Business & Economics
Languages : en
Pages : 232
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Book Description
This work examines ideas about the role of law and legal reform in the creation of market economies, focusing on the process of post communist transition in Russia. Processes of transition in Russia were guided by a set of very specific neoliberal ideas about the nature of markets and capitalism, about the role of law and the primacy of the economic over the legal and political. These ideas however have come under fire as a result of the Russian experience of transition and the serious problems encountered by reforms. This led to a revision of the original neoliberal ideas, not least concerning the role of law and its relationship to the economic and the political. The result has been the emergence of a much more complex body of ideas about the role law plays in economic transformation. This book aims to close a gap in the literature on post communist transition by offering a theoretical interpretation of Russia’s experience which makes transition reform models comparable to development reform models. Focusing on the role of law and the relationship of economic priorities to law reform, this work offers a critical evaluation of currently dominant theories of economic and legal reform put to use in varied transition and development scenarios. In looking at the ideas which directed and animated reform in Russia, an enquiry is thus made into the wider relationship between democracy, regulation and the market in contemporary capitalism. Neoliberalism and the Law in Post Communist Transition will equip scholars and students of development studies, law, political economy and international economics with a critical guide to transition focused on the often neglected legal aspect of the reforms.
Author: Mr.James Roaf
Publisher: International Monetary Fund
ISBN: 1498305636
Category : Business & Economics
Languages : en
Pages : 72
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Book Description
The past 25 years have seen a dramatic transformation in Europe’s former communist countries, resulting in their reintegration with the global economy, and, in most cases, major improvements in living standards. But the task of building full market economies has been difficult and protracted. Liberalization of trade and prices came quickly, but institutional reforms—such as governance reform, competition policy, privatization and enterprise restructuring—often faced opposition from vested interests. The results of the first years of transition were uneven. All countries suffered high inflation and major recessions as prices were freed and old economic linkages broke down. But the scale of output losses and the time taken for growth to return and inflation to be brought under control varied widely. Initial conditions and external factors played a role, but policies were critical too. Countries that undertook more front-loaded and bold reforms were rewarded with faster recovery and income convergence. Others were more vulnerable to the crises that swept the region in the wake of the 1997 Asia crisis.
Author: B lint Magyar
Publisher: Central European University Press
ISBN: 6155513546
Category : Political Science
Languages : en
Pages : 336
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Book Description
Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ
