Rethinking the rule of law after communism / edited by Adam Czarnota, Martin Krygier, and Wojciech Sadurski.

Format:

Book

Contributor:

Czarnota, Adam W.

Krygier, Martin.

Sadurski, Wojciech, 1950-

Language:

English

Subjects (All):

Rule of law--Europe, Central.

Rule of law.

Rule of law--Europe, Eastern.

Constitutional law.

Post-communism.

Physical Description:

383 p.

Edition:

1st ed.

Place of Publication:

Budapest ; New York : Central European University Press, 2005.

Language Note:

English

Summary:

In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.

Contents:

Transitional constitutionalism : simplistic and fancy theories / Wojciech Sadurski

Democracy by judiciary / Kim Lane Scheppele

Rethinking judicial review : shaping the toleration of difference? / Cindy Skach

Foxes, hedgehogs, and learning : notes on the past and future dilemmas of postcommunist constitutionalism / Venelin I. Ganev

Democratic norm building and constitutional discourse formation : experience from the Constitutional Review Chamber of Estonia / Vello Pettai

Between nemesis and justitia : dealing with the past as a constitutional process / Adam Czarnota

Transitional justice in Belgium, France, and the Netherlands after World War II : innovations, transgressions, and lessons to be learned / Luc Huyse

Transitional justice after the breakdown of the German Democratic Republic / Claus Offe and Ulrike Poppe

Models of transition

old theories and recent developments / Hubert Rottleuthner and Matthias Mahlmann

Restitutive justice, rule of law, and constitutional dilemmas / Grazyna Skapska

How far does transitional justice stretch? : judicial review for a dealing with the past in democratic transition / Renata Uitz

Rethinking the rule of law after communism / Martin Krygier

Transitional rule of law / Ruti Teitel

Constitutional symbolism and political (dis)continuity : Legal rationality and its integrative function in postcommunist transformations / Jiri Priban

Corruption, anti-corruption sentiments, and the rule of law / Ivan Krastev

Central Europe's second constitutional transition : the EU accession phase

Neil Walker.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

Description based on print version record.

ISBN:

1-003-72170-2

615-5053-62-6

1-281-37692-2

9786611376925

1-4237-4220-6

9781003721703

OCLC:

62675822