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Author: Kálmán Pócza Publisher: Routledge ISBN: 9780429467097 Category : Law Languages : en Pages : 252
Book Description
Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.
Author: Kálmán Pócza Publisher: Routledge ISBN: 9780429467097 Category : Law Languages : en Pages : 252
Book Description
Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.
Author: Bogusia Puchalska Publisher: Ashgate Publishing, Ltd. ISBN: 1409419843 Category : Law Languages : en Pages : 184
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 lawmaking in constitutional moments should be politically, and not just constitutionally legitimate. 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.
Author: Anna Fruhstorfer Publisher: Springer ISBN: 3658137622 Category : Political Science Languages : en Pages : 569
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.
Author: Stephen White Publisher: Duke University Press ISBN: 9780822339496 Category : Political Science Languages : en Pages : 340
Book Description
The face of Central and Eastern Europe has been dramatically transformed since the collapse of communism. The region faces new challenges, including the needs to find a balance between effective leadership and accountability and to reverse the economic decline of the late communist years. Addressing these concerns and others, Developments in Central and East European Politics 4 brings together specially commissioned chapters by leading scholars from both sides of the Atlantic. The chapters, all of which are new to this edition, focus on key features of the political systems that have emerged following the transition to postcommunist rule and the enlargement of the European Union through 2006. Full attention is given to the pattern of events in individual nations, but the main emphasis is on the framework of politics across the region--constitutions, leadership, parliaments, parties, and electoral systems--and the process of politics, as it is revealed in political participation, civil society, economic change, and the quality of democratic government within and beyond the region. Clearly written and well supported with references and suggestions for further reading, Developments in Central and East European Politics 4 is the ideal guide to the process of change in a group of states that were formerly modeled on the Soviet Union but are now a distinctive and varied presence within a continent that has been redefining its boundaries, its values, its economic systems, and its international allegiances. Contributors. Judy Batt, Dirk Berg-Schlosser, Sarah Birch, Heather Grabbe, Tim Haughton, Krzysztof Jasiewicz, Petr Kopecký, Paul G. Lewis, Frances Millard, Cas Mudde, D. Mario Nuti, Mark Pittaway, Ray Taras, Stephen White, Andrew Wilson, Kataryna Wolczuk
Author: Wojciech Sadurski Publisher: Springer Science & Business Media ISBN: 9781402030062 Category : Education Languages : en Pages : 404
Book Description
Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world
Author: Alexandra Mercescu Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften ISBN: 9783631807965 Category : Languages : en Pages : 240
Author: Denis J. Galligan Publisher: Central European University Press ISBN: 9633865557 Category : Law Languages : en Pages : 449
Book Description
Following the constitutional and political reforms in Central and Eastern Europe of the last decade, the time has now come for the whole-scale reform of public administration and the creation of a professional civil service. What is needed is a clear sense of the objectives to be achieved by the administration; and the provision of adequate resources to perform the tasks of public administration. In addition, and perhaps most importantly of all, there must be a sound legal basis for public administration. Recognizing these realities, this book examines administrative law and administrative institutions in Central and Eastern Europe. In a series of case studies, discussing each country in the region in turn, it looks at the ways in which a range of administrative decisions are reached and at how the citizens affected by them are treated. The material for each of the fourteen chapters was collected by a person or persons native to the respective country.
Author: J nos Kis Publisher: Central European University Press ISBN: 9789639241329 Category : Political Science Languages : en Pages : 344
Book Description
Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.
Author: Rosalind Dixon Publisher: Oxford University Press ISBN: 0192893769 Category : Authoritarianism Languages : en Pages : 241
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.
Author: Kálmán Pócza
Author: Kálmán Pócza
Author: Bogusia Puchalska
Author: Anna Fruhstorfer
Author: Stephen White
Author: Anneli Albi
Author: Wojciech Sadurski
Author: Alexandra Mercescu
Author: Denis J. Galligan
Author: J nos Kis
Author: Rosalind Dixon