Download or read book Constitutional Evolution in Central and Eastern Europe written by Alexander H.E. Morawa and published by Routledge. This book was released on 2016-12-14 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
Download or read book Evolution of constitutionalism in the selected states of Central and Eastern Europe written by Krzysztof Prokop and published by Wydawnictwo Temida 2. This book was released on 2010 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Politics in Central and Eastern Europe written by Anna Fruhstorfer and published by Springer. This book was released on 2016-10-12 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Evolution in Central and Eastern Europe written by Kyriaki Topidi and published by Ashgate Publishing Company. This book was released on 2011 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
Download or read book EU Enlargement and the Constitutions of Central and Eastern Europe written by Anneli Albi and published by Cambridge University Press. This book was released on 2005-06-30 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the adaptation of the constitutions of Central & Eastern Europe (CEE) for membership in the European Union.
Download or read book Constitutionalism and the Enlargement of Europe written by Wojciech Sadurski and published by Oxford University Press. This book was released on 2012-07-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Limits to Democratic Constitutionalism in Central and Eastern Europe written by Bogusia Puchalska and published by Routledge. This book was released on 2016-05-06 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Constitutional Review in Central and Eastern Europe written by Kálmán Pócza and published by Taylor & Francis. This book was released on 2024-02-13 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors’ room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.
Download or read book Constitutionalism and the Enlargement of Europe written by Wojciech Sadurski and published by OUP Oxford. This book was released on 2012-07-26 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Central and Eastern Europe After Transition written by Wojciech Sadurski and published by Routledge. This book was released on 2016-04-08 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.
Download or read book Constitutional Reforms and International Law in Central and Eastern Europe written by Rejn Avovič Müllerson and published by Martinus Nijhoff Publishers. This book was released on 1998 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The recent developments in central and eastern Europe have changed the political landscape of the world. The dissolution of the Soviet Union, Czechoslovakia and Yugoslavia, the collapse of Communism in Europe, market reforms, and the processes of democratisation are all seminal events affecting not only the countries in transition but other states as well. All these changes presuppose fundamental legal reforms. In this process most of the countries in transition have adopted new constitutions where issues of participation in the international political order and questions of international law enjoy a prominent place. This book is one outcome of many research activities concerning these transitions in central and eastern Europe at the Centre of European Law, King's College London. It contains essays about constitutional reforms and international law by leading international judges and academics. It is edited by Mads Andenas, Director of the Centre of European Law at King's College London, Malgosia Fitzmaurice, Reader in International Law at Queen Mary and Westfield College, London, and Rein Müllerson, Professor in International Law at King's College.
Download or read book Rights Before Courts written by Wojciech Sadurski and published by Springer Science & Business Media. This book was released on 2005-12-05 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines 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.
Download or read book Limiting Government written by András Sajó and published by Central European University Press. This book was released on 1999-01-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until the previous decade, constitutionalism in Eastern Europe was considered to be an outmoded concept of the nineteenth century. Changes in the region, however, have brought back the fundamental question of the need to restrict government power through social self-binding. This book discusses the mechanisms of such restriction, including different forms of the separation of powers and constitutional review. It relates the theoretical and practical importance of the issue to the present world-wide discontent with majoritarian democracy and the growing disrepute of parliaments. Increasing executive efficiency is, however, a threat to fundamental rights, and the battlecry of efficiency is often only a means to new despotism and inefficiency. A careful re-evaluation of the concept of constitutionalism assists in the search for a useful balance between majoritarianism and rights, and in the avoidance of all forms of public tyranny. Written in non-technical language and using the most important English, American, French, and German examples of constitutional history, the book also examines East European (in particular, Russian) and Latin American examples, in part to illustrate certain dead-ends in constitutional development. It is intended to be an introduction for all those concerned with liberty.
Download or read book The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe written by Liviu Damşa and published by Springer. This book was released on 2017-01-03 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.
Download or read book Constitutional Politics and the Judiciary written by Kálmán Pócza and published by Routledge. This book was released on 2018-11-19 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Evaluation of Fifteen Years of Constitutional Practice in Central and Eastern Europe written by Council of Europe and published by Council of Europe. This book was released on 2005 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A decade and a half after the democratic transition in the countries of central and eastern Europe, the Venice Commission marked its fifteen years of existence by looking back over this period of institutional upheaval. The Warsaw seminar ... viewed these fifteen years of change in the light of contitutional practice."--P. 4 of cover.
Download or read book Constitutional Review in Central and Eastern Europe written by Kálmán Pócza and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent confrontations between constitutional courts and parliamentary majorities in several European countries have attracted international interest in the relationship between the judiciary and the legislature. Some political actors have argued that courts have assumed too much power and politics has been extremely judicialized. This volume accurately and systematically examines the extent to which this aggregation of power may have constrained the dominant political actors' room for manoeuvre. To explore the diversity and measure the strength of judicial decisions, the contributors to this work have elaborated a methodology to give a more nuanced picture of the practice of constitutional adjudication in Central and Eastern Europe between 1990 and 2020. The work opens with an assessment of the existing literature on empirical analysis of judicial decisions with a special focus on the Central and Eastern European region, and a short summary of the methodology of the project. This is followed by ten country studies and a concluding chapter providing a comprehensive comparative analysis of the results. A further nine countries are explored in the counterpart volume to this book: Constitutional Review in Western Europe: Judicial-Legislative Relations in Comparative Perspective. The collection will be an invaluable resource for those working in the areas of empirical legal research and comparative constitutional law, as well as political scientists interested in judicial politics.
