Download or read book Importing the Law in Post Communist Transitions written by Catherine Dupré and published by Bloomsbury Publishing. This book was released on 2003-03-14 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book,one of the very first monographs on the Hungarian Constitutional Court available in English, is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe. It shows that the genesis of the new legal order was determined by massive Western involvement and an unprecedented movement of export/import of law. Anchored in a detailed comparative study of German and Hungarian constitutional case law on human dignity, this book argues that law importation was a deliberate strategy carried out by the Hungarian Court in the early years of its operation. It explains how the circumstances of the transition and the background of the importers determined the choice of German case law as a model and how the Court used it to construct its own version of the right to human dignity. It highlights the Hungarian Court's instrumentalisation of imported law in order to lay the foundations of a new conception of fundamental rights. While focusing on the Hungarian experience, this book engages with international debates and provides an original theoretical framework for approaching the movement of law from the importers' perspective.
Download or read book Importing the Law in Post Communist Transitions written by Catherine Dupré and published by Hart Publishing. This book was released on 2003-03-14 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe.
Download or read book Annual of German and European Law written by Russell Miller and published by Berghahn Books. This book was released on 2007-02-01 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: German law has been of long-standing interest and increasing relevance around the world, but access for researchers and practitioners very frequently was limited by the necessity of German language proficiency. Offering English-language access to these fields, the Annual of German & European Law is a significant contribution to the global discourse on and study of German, European and Comparative law. Each volume presents: (1) articles – original, cutting-edge scholarship from the fields of German and European law; (2) jurisdictional reports – comments on the latest caselaw from Germany’s most significant courts and the case-law of the European courts having importance for Germany; (3) book reviews – surveying the most compelling recent literature (whether in the German or English language) in the fields of German and European law; and (4) translations – exclusive English-language versions of significant primary sources of German law, including statutes and court opinions). The first volumes of the Annual of German & European Law have attracted contributions from some of the most preeminent commentators, scholars and jurists in the fields, including, among others: Luke Nottage (Volume I); Juliet Lodge (Volume I); Alexander Somek (Volume I): Susanne Baer (Volume I): Renate Jaeger (Volume II): Günter Frankenberg (Volume II): Bootjan Zupanãiã (Volume II): Nigel Foster (Volume II) The third volume maintains this tradition of high quality, peer-reviewed scholarship with contributions expected from Gertrude Lübbe-Wolff (Justice, German Federal Constitutional Court) and Christian Joerges (European University Institute).
Download or read book Product Liability Law in Transition written by Magdalena Tulibacka and published by Routledge. This book was released on 2016-04-08 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.
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 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 Ecuador s Good Living written by Carlos E. Gallegos-Anda and published by BRILL. This book was released on 2020-11-23 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ecuador’s “Good Living”: Crises, Discourse, and Law by Gallegos-Anda, presents a critical approach towards the concept of Buen Vivir that was included in Ecuador’s 2008 Constitution, presenting new inductive theories that analyse the context and power relations that forged it.
Download or read book Post Communist Mafia State written by B lint Magyar and published by Central European University Press. This book was released on 2016-03-01 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ
Download or read book Communism s Shadow written by Grigore Pop-Eleches and published by Princeton University Press. This book was released on 2017-05-09 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been assumed that the historical legacy of Soviet Communism would have an important effect on post-communist states. However, prior research has focused primarily on the institutional legacy of communism. Communism's Shadow instead turns the focus to the individuals who inhabit post-communist countries, presenting a rigorous assessment of the legacy of communism on political attitudes. Post-communist citizens hold political, economic, and social opinions that consistently differ from individuals in other countries. Grigore Pop-Eleches and Joshua Tucker introduce two distinct frameworks to explain these differences, the first of which focuses on the effects of living in a post-communist country, and the second on living through communism. Drawing on large-scale research encompassing post-communist states and other countries around the globe, the authors demonstrate that living through communism has a clear, consistent influence on why citizens in post-communist countries are, on average, less supportive of democracy and markets and more supportive of state-provided social welfare. The longer citizens have lived through communism, especially as adults, the greater their support for beliefs associated with communist ideology—the one exception being opinions regarding gender equality. A thorough and nuanced examination of communist legacies' lasting influence on public opinion, Communism's Shadow highlights the ways in which political beliefs can outlast institutional regimes.
Download or read book General Principles of EC Law in a Process of Development written by Ulf Bernitz and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the basic principles underlying European Community Law? Although no one seeks a purely descriptive answer to this question, the discussion it gives rise to is of immense significance both for theoretical legal studies and for legal practice. Over the years, scholars have convened from time to time to re-examine the question in the light of new developments. This important volume offers insights and findings of the latest such conference, held at Stockholm in March 2007, and sponsored by the Swedish Network for European Legal Studies. The nineteen essays here printed are all final author-edited versions of papers first presented at that conference. Far from merely an updating of the First Edition, which marked a 1999 conference held under the same auspices at Malm�, this book is entirely new. It underscores the importance of discovering the emergence of new general principles--linked, indeed, to such fundamental continuing concerns as democracy, accountability, transparency, direct effect, good administration, and European citizenship--as they develop in such increasingly important areas as the following: core aspects of competition and financial integration law; the ongoing process of European constitutionalization; the application of general principles in the new Member States; the growth of European private law; the successive creation of a jus commune europaeum; and the instrumental function of the EC Court. There is also special consideration attached to such overriding issues as the gap-filling function of the principles within the Community legal system, and the implications of the use of a comparative methodology. The authors include both eminent, well-known experts, many of whom took part in the 1999 Conference, and representatives of a new generation of younger scholars in the field. For the myriad parties involved in the evolution of the European project from a legal perspective, this book serves as a watershed, a thorough inspection of the foundations as they are perceived and understood at the present moment. It is sure to be consulted and cited often in the years to come.
Download or read book Neoliberalism and the Law in Post Communist Transition written by Ioannis Glinavos and published by Routledge. This book was released on 2010-03-10 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines ideas about the role of law and legal reform in the creation of market capitalist economies, focusing on post communist transition in Russia. Looking at the example of Russia, an enquiry is made into the wider relationship between democracy, regulation and the market in modern capitalism.
Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1536 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
Download or read book European Legal Development written by John Bell and published by Cambridge University Press. This book was released on 2014-07-31 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reviews the relationship between the social environment and legal tradition in the development of tort law between 1850 and 2000.
Download or read book Varieties of Post communist Capitalism written by Iván Szelényi and published by BRILL. This book was released on 2019-11-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book intends to be a contribution to the varieties of capitalism paradigm. Our main question is to what extent the present system in Russia, the model of President Putin is a generic model for all post-communist capitalisms.
Download or read book Post Communist Democratization written by John S. Dryzek and published by Cambridge University Press. This book was released on 2002-06-13 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the way democracy is thought about and lived by people in the post-communist world.
Download or read book Constitutional Judiciary in a New Democracy written by László Sólyom and published by University of Michigan Press. This book was released on 2000 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
