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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.
This book is among the first books to consider post-communist
Europe from the point of view of the rule of law. This book
collects articles written by specialists on the rule of law in
particular countries. Interdisciplinary in approach, this book
reveals the multi-layered complexity of the development of the rule
of law after communism.
The text begins by presenting general considerations on the rule of
law after communism, and then moves its focus inward to consider
more particular problems. Part one of the book involves the
exploration of the concept of the rule of law itself and the second
part considers its most explicitly developed application:
constitutionalism. The third part looks into some of the moral
dilemmas that are opened up when an attempt is made to adapt law to
confront an often distasteful past - not all traces of which have
passed. In the fourth part of the book the distinctive problems of
crime in post-communist societies is examined, and part five deals
with some international implications and ambitions stimulated by
the collapse of communism and its aftermath.
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?
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?
Philip Selznick's wide-ranging writings engaged with fundamental
questions concerning society, politics, institutions, law, and
morals. Never confined by a single discipline or approach, he
proved himself a major figure across a range of fields including
sociology, organizations and institutions, leadership, political
science, sociology of law, political theory, and social philosophy.
This volume, the first book-length treatment of Selznick's ideas,
discusses Selznick's various intellectual contributions.
Reading across Selznick's work, one appreciates the coherence of
his fundamental preoccupations--with the social conditions for
frustration and the vindication of values and ideas. Exploring
Selznick's insights into the nature and quality of institutional,
legal, and social life, the book also examines his particular ways
of thinking, concerns, values, and sensibility. Martin Krygier
brings to light the coherence of Selznick's fundamental
preoccupations, allowing readers to fully engage with his unique
insights and distinctive moral-intellectual sensibility.
Around the world, populist parties have sprung up in formerly and
formally liberal-democratic polities, challenging their existing
political parties and leaders, and frequently overwhelming them.
These challenges and successes were rarely predicted, arriving so
soon after the wave of liberal democratic and constitutional
enthusiasms, proclamations and institution-building which peaked in
the 1990s. Bringing together scholars from law, political science
and philosophy, this collection explores the character of
contemporary populisms and their relationships to constitutional
democracy. With contributors from around the world, it offers a
diverse range of nuanced perspectives on populism as a global
phenomenon. Using comparative and multi-disciplinary techniques,
this book considers the specifics and similarities of populisms,
and raises general questions about their nature and potential
futures.
Around the world, populist parties have sprung up in formerly and
formally liberal-democratic polities, challenging their existing
political parties and leaders, and frequently overwhelming them.
These challenges and successes were rarely predicted, arriving so
soon after the wave of liberal democratic and constitutional
enthusiasms, proclamations and institution-building which peaked in
the 1990s. Bringing together scholars from law, political science
and philosophy, this collection explores the character of
contemporary populisms and their relationships to constitutional
democracy. With contributors from around the world, it offers a
diverse range of nuanced perspectives on populism as a global
phenomenon. Using comparative and multi-disciplinary techniques,
this book considers the specifics and similarities of populisms,
and raises general questions about their nature and potential
futures.
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