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 : 88. 89 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 : 83. 81 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.

American Constitutionalism Heard Round The World 1776 1989

Author : George Athan Billias
ISBN : 9780814725177
Genre : History
File Size : 78. 56 MB
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American constitutionalism represents America's greatest gift to human freedom, yet its story remains largely untold. For over two hundred years, its ideals, ideas, and institutions influenced different peoples in different lands at different times. Historian George Athan Billias traces the spread of American constitutionalism--from Europe, Latin America, and the Caribbean region, to Asia and Africa--beginning chronologically with the American Revolution and the fateful "shot heard round the world" and ending with the conclusion of the Cold War in 1989. The American model contributed significantly by spearheading the drive to greater democracy throughout the Western world, and Billias's landmark study tells a story that will change the way readers view the important role American constitutionalism played during this era. George Athan Billias is Jacob and Frances Hiatt Professor Emeritus of History at Clark University. His numerous books includeAmerican Constitutionalism Abroad: Selected Essays in Comparative Constitutional HistoryandGeorge Washington's Generals and Opponents.

Rights Before Courts

Author : Wojciech Sadurski
ISBN : 1402030061
Genre : Education
File Size : 63. 15 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

Constitutionalism In East Central Europe

Author : Irena Grudzinska Gross
ISBN : 8085681072
Genre : Law
File Size : 31. 43 MB
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Ethnicity And Group Rights

Author : Ian Shapiro
ISBN : 9780814739631
Genre : Political Science
File Size : 90. 18 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.

New Democracies In Crisis

Author : Paul Blokker
ISBN : 9781134469376
Genre : Political Science
File Size : 88. 29 MB
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This book considers whether the potential of democracy following the end of the Cold War was diminished by technocratic, judicial control of politics in the new democracies of Central and Eastern Europe. It explores the complexities and drawbacks of modern constitutionalism by offering a comprehensive theoretical and comparative-empirical assessment of the status and role of constitutionalism in five new EU Member States. The democratization of countries in Central and Eastern Europe has been guarded by constitutions and constitutional courts. This book examines the implications of powerful courts and rigid constitutions for the democratic engagement of citizens and the political authority of politicians. Using an interdisciplinary and comparative approach, the book analyses the historical emergence of powerful constitutional institutions in the Czech Republic, Hungary, Poland, Romania and Slovakia. The author argues that the democratic promise of 1989 largely lost out to a technocratic and top-down view of judicial control of politics – a state of affairs reinforced by EU accession. The current backlash in countries such as Hungary and Romania indicates that the realization of democratization to the extent initially expected might be ever more remote in some new democracies. New Democracies in Crisis? will be of interest to students and scholars of European Union politics, democratization studies, European constitutionalism, socio-legal studies, governance and comparative politics.

Spreading Democracy And The Rule Of Law

Author : Wojciech Sadurski
ISBN : 9781402038426
Genre : Law
File Size : 81. 11 MB
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The accession of eight post-communist countries of Central and Eastern Europe (and also of Malta and Cyprus) to the European Union in 2004 has been heralded as perhaps the most important development in the history of European integration so far. While the impact of the enlargement on the constitutional structures and practices of the EU has already generated a rich scholarly literature, the influence of the accession on constitutionalism, democracy, human rights and the rule of law among the new member states has been largely ignored. This book fills this gap, and addresses the question of the consequences of the "external force" of European enlargement upon the understanding and practice of democracy and the rule of law and among both the main legal-political actors and the general public in the new member-states. A number of leading legal scholars, sociologists and political scientists, both from Central and Eastern Europe and from outside, address these issues in a systematic and critical way. Taken together, these essays help answer a fundamental question: does the European Union have the potential of promoting and consolidate democracy and human rights?

Communitarianism Vs Individualism

Author :
ISBN : IOWA:31858056883170
Genre : Communitarianism
File Size : 38. 14 MB
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Limiting Government

Author : Andr s Saj¢
ISBN : 9639116246
Genre : Political Science
File Size : 79. 17 MB
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1.2. Types of Fear

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