Ten Years of the Democratic Constitutionalism in Central and Eastern Europe

Ten Years of the Democratic Constitutionalism in Central and Eastern Europe PDF Author: Kazimierz Działocha
Publisher:
ISBN: 9788387228392
Category : Civil society
Languages : en
Pages : 424

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Ten Years of the Democratic Constitutionalism in Central and Eastern Europe

Ten Years of the Democratic Constitutionalism in Central and Eastern Europe PDF Author: Kazimierz Działocha
Publisher:
ISBN: 9788387228392
Category : Civil society
Languages : en
Pages : 424

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Book Description


Limits to Democratic Constitutionalism in Central and Eastern Europe

Limits to Democratic Constitutionalism in Central and Eastern Europe PDF Author: Bogusia Puchalska
Publisher: Routledge
ISBN: 1317104978
Category : Political Science
Languages : en
Pages : 295

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Book Description
In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.

Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering

Democratic Consolidation in Eastern Europe: Volume 1: Institutional Engineering PDF Author: Jan Zielonka
Publisher: Oxford University Press
ISBN: 0199241678
Category : History
Languages : en
Pages : 506

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Book Description
This is the first volume in a series of books on democratic consolidation in Eastern Europe. The series focuses on three major aspects of democratic consolidation in Eastern Europe: institutional engineering, transnational pressures and civil society. This first volume analyses constraints on and opportunities of institutional engineering in Eastern Europe: to what extent and how elites in Eastern Europe have been able to shape, if not manipulate, the politics of democraticconsolidation through institutional means.The aim is to contrast a set of democracy theories with empirical evidence accumulated in Eastern Europe over the last ten years. The volume tries to avoid complex debates about definitions, methods and the uses and misuses of comparative research. Instead it tries to establish what has really happened in the region, and which of the existing theories have proved helpful in explaining these developments.The volume starts with a presentation of conceptual and comparative frameworks, followed by in-depth empirical analyses of the thirteen individual countries undergoing democratic consolidation. The first conceptual and comparative part contains three chapters. The first chapter explains what institutional engineering is about and describes our experiences with institutional engineering in former transitions to democracy. It also focuses on the import and export of institutional designs. Thesecond chapter analyses the utility of constitutions in the process of democratic consolidation. The third chapter compares constitutional designs and problems of implementation in Southern and Eastern Europe. The empirical case studies deal with the following countries: Estonia, Latvia, Lithuania,Bulgaria, Romania, Ukraine, Russia, Belarus, the Czech Republic, Slovakia, Slovenia, Hungary and Poland. And the conclusions evaluate the enormous impact of institutions on politics in Eastern Europe and show how central constitutional designs are to the institutional engineering in the societies undergoing transitions to democracy.

Evolution of constitutionalism in the selected states of Central and Eastern Europe

Evolution of constitutionalism in the selected states of Central and Eastern Europe PDF Author: Krzysztof Prokop
Publisher: Wydawnictwo Temida 2
ISBN: 8389620871
Category : Constitutional law
Languages : en
Pages : 432

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Challenges to Democracy

Challenges to Democracy PDF Author: Sten Berglund
Publisher: Edward Elgar Publishing
ISBN: 9781782541158
Category : Political Science
Languages : en
Pages : 210

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Book Description
'The book is written in a systematic, clear and accessible style and provides an excellent introduction to the state of democracy in contemporary postsocialist Europe. . . . Recommended for undergraduate, graduate, research, and faculty collections.' - P. Rutland, Choice The euphoria evidenced in the aftermath of the collapse of communist regimes in the late 1980s and early 1990s sometimes conveyed the impression that the process of democratization would be achieved without difficulty or tribulation. This book sets out to provide a thorough comparative analysis of the challenges which face the emerging democracies of Central and Eastern Europe and considers the impact of political change. Drawing heavily on available survey data, the book provides an in-depth account of how the new democracies of Central and Eastern Europe have coped with four major challenges: political fragmentation, nationalism, lack of respect for human rights, and poorly developed civil service systems. The book demonstrates that although the first few years of the 1990s were marked by increasing disenchantment with the new regimes, the change of governments as a direct result of the electoral process and the prospects for European integration have served to reverse this negative trend. Indeed, the authors find that the new political systems have managed to cope with the challenges so effectively that striking similarities with Western democracies are now apparent.

Constitutionalism and the Enlargement of Europe

Constitutionalism and the Enlargement of Europe PDF Author: Wojciech Sadurski
Publisher: OUP Oxford
ISBN: 0191631086
Category : Law
Languages : en
Pages : 403

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Book Description
After the fall of Communism in Central and Eastern Europe (CEE), the newly democratized countries of this region joined two main pan-European political and legal structures: the Council of Europe and the European Union. This book shows how the Eastward enlargement of these two structures fostered the 'constitutionalization' both of the Council of Europe and of the EU. Prompted by the enlargement of the Council of Europe and the admission of a number of countries which brought unique and often more substantial problems onto the Court's agenda, the main judicial body of the Council of Europe, the European Court of Human Rights, became a quasi 'constitutional court' of Europe. This book demonstrates that this was primarily as a result of the widening of its agenda and the resulting need to make activist decisions about the compatibility of national laws with the European Convention. In terms of the EU, the book shows that the enlargement (first prospective, and then, actual) has been an important agenda-setter for the constitutionalization of the EU; in particular, for openly placing the issue of fundamental rights on the EU agenda as a legitimate and indispensable matter of concern for the EU. But the 'constitutional synergies' were a two-way street: the accession to both pan-European structures has also affected the development of democratic constitutionalism in CEE states. It has raised difficult issues regarding the relationships between national sovereignty, democracy, and human rights that CEE policy makers have grappled with; these issues and responses by CEE member states have had implications for the 'old' EU member states as well. These dynamics are explored through various case studies, providing a new perspective on the development of legal norms and institutions within European supranational bodies.

Constitutionalism and the Enlargement of Europe

Constitutionalism and the Enlargement of Europe PDF Author: Wojciech Sadurski
Publisher: Oxford University Press
ISBN: 0199696780
Category : Law
Languages : en
Pages : 263

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Book Description
Written at the intersection of law and political science, this book adopts a new and original perspective on the legal implications of the Eastward enlargement of the Council of Europe and the European Union. Case studies offer a novel examination of the development of legal norms and institutions within these supranational bodies.

Abusive Constitutional Borrowing

Abusive Constitutional Borrowing PDF Author: Rosalind Dixon
Publisher: Oxford University Press
ISBN: 0192893769
Category : Authoritarianism
Languages : en
Pages : 241

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Book Description
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

The State of Democracy in Central and Eastern Europe

The State of Democracy in Central and Eastern Europe PDF Author: Ramona Coman
Publisher: Routledge
ISBN: 1317379888
Category : Political Science
Languages : en
Pages : 135

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Book Description
The State of Democracy in Central and Eastern Europe brings together scholars specialising in the study of Central and Eastern Europe, and provides a comprehensive analysis of some of the major issues in the democratic make-up of the EU’s new member states. The book covers the main dimensions of the state, and contributors discuss questions about the development of democracy in Central and Eastern Europe over the past twenty years. What is the present state of democracy in Central and Eastern Europe more than twenty years since the end of communist regimes? What is the actual functioning of the political institutions of these countries? How is political participation structured, and what role do political parties play in these democracies? What guarantees are provided to limit governmental powers and abuse? What is the role of the judicial system, and the relationship between justice and politics? How can we evaluate the EU’s influence regarding democratic consolidation? What is the role of the public opinion? This book was originally published as a special issue of Europe-Asia Studies.

Constitutional Politics in Central and Eastern Europe

Constitutional Politics in Central and Eastern Europe PDF Author: Anna Fruhstorfer
Publisher: Springer
ISBN: 3658137622
Category : Political Science
Languages : en
Pages : 569

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Book Description
The contributions to this edited volume discuss constitutional politics in 20 Central and Eastern European countries. The country chapters describe all constitutional amendments and new constitutions after the first post-communist constitution-making, all failed amendment attempts, and the political discourses about constitutional politics. Framed by a broad comparative chapter, the country studies are embedded in the established literature on constitutional politics. The book thus provides a better understanding of constitutional politics in the region and beyond.