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Books > Law > Laws of other jurisdictions & general law > Courts & procedure
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Importing the Law in Post-Communist Transitions - The Hungarian Constitutional Court and the Right to Human Dignity (Hardcover, New)
Loot Price: R3,123
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Importing the Law in Post-Communist Transitions - The Hungarian Constitutional Court and the Right to Human Dignity (Hardcover, New)
Series: Human Rights Law in Perspective
Expected to ship within 12 - 17 working days
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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 instrumentalization 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.
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