limits to democratic constitutionalism in central and eastern europe

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Limits To Democratic Constitutionalism In Central And Eastern Europe

Author : Bogusia Puchalska
ISBN : 9781317104971
Genre : Political Science
File Size : 49. 62 MB
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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.

Thinking Through Transition

Author : Michal Kope?ek
ISBN : 9789633860854
Genre : Political Science
File Size : 77. 67 MB
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This book is the first concentrated effort to explore the most recent chapter of East Central European past from the perspective of intellectual history. Post-socialism can be understood both as a period of scarcity and preponderance of ideas, the dramatic eclipsing of the dissident legacy?as well as the older political traditions?and the rise of technocratic and post-political governance. This book, grounded in empirical research sensitive to local contexts, proposes instead a history of adaptations, entanglements, and unintended consequences. In order to enable and invite comparison, the volume is structured around major domains of political thought, some of them generic (liberalism, conservatism, the Left), others (populism and politics of history) deemed typical for post-socialism. However, as shown by the authors, the generic often turns out to be heavily dependent on its immediate setting, and the typical resonates with processes that are anything but vernacular.

Post Soviet Constitutions And Challenges Of Regional Integration

Author : Roman Petrov
ISBN : 9781317326267
Genre : Law
File Size : 40. 33 MB
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This book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.

Constitutionalism And Democracy

Author : Richard Bellamy
ISBN : 9781351571142
Genre : Law
File Size : 70. 24 MB
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Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.

Rights Before Courts

Author : Wojciech Sadurski
ISBN : 1402030061
Genre : Education
File Size : 77. 63 MB
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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

Constitutional Politics In Central And Eastern Europe

Author : Anna Fruhstorfer
ISBN : 9783658137625
Genre : Political Science
File Size : 69. 55 MB
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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.

Constitutionalism In East Central Europe

Author : Irena Grudzinska Gross
ISBN : 8085681072
Genre : Law
File Size : 66. 72 MB
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European Union Constitutionalism In Crisis

Author : Nicole Scicluna
ISBN : 9781317624424
Genre : Political Science
File Size : 46. 97 MB
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Several years after the first Greek bailout, the integration project of the European Union faces an interlocking set of political, economic, legal and social challenges that go to the very core of its existence. Austerity is the order of the day, and citizens in both debtor and creditor states increasingly turn to the political movements of the far left and right, anti-politics and street protests to vent their frustration. This book demonstrates the limits of constitutionalism in the EU. It explores the ‘twin crises’ - the failure of the Constitutional Treaty in 2005 and the more recent Eurozone crisis - to illuminate both the possibilities and pitfalls of the integration project. It argues that European integration overburdened law in an attempt to overcome deep-seated political deficiencies. It further contends that the EU shifted from an unsuccessful attempt at democratisation via politicisation (the Constitutional Treaty), to an unintended politicisation without democratisation (the Eurozone crisis) only a few years later. The book makes the case that this course is unsustainable and threatens the goal of European unity. This text will be of key interest to students and scholars in the fields of EU studies, EU law, democracy studies, constitutional studies and international relations.

Limiting Government

Author : Andr s Saj¢
ISBN : 9639116246
Genre : Political Science
File Size : 82. 81 MB
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1.2. Types of Fear

Ethnicity And Group Rights

Author : Ian Shapiro
ISBN : 9780814739631
Genre : Political Science
File Size : 29. 76 MB
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Within Western political philosophy, the rights of groups has often been neglected or addressed in only the narrowest fashion. Focusing solely on whether rights are exercised by individuals or groups misses what lies at the heart of ethnocultural conflict, leaving the crucial question unanswered: can the familiar system of common citizenship rights within liberal democracies sufficiently accommodate the legitimate interests of ethnic citizens. Specifically, how does membership in an ethnic group differ from other groups, such as professional, lifestyle, or advocacy groups? How important is ethnicity to personal identity and self-respect, and does accommodating these interests require more than standard citizenship rights? Crucially, what forms of ethnocultural accommodations are consistent with democratic equality, individual freedom, and political stability? Invoking numerous cases studies and addressing the issue of ethnicity from a range of perspectives, Ethnicity and Group Rights seeks to answer these questions.

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