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Constitutional Politics in Central and Eastern Europe

Constitutional Politics in Central and Eastern Europe
Author: Anna Fruhstorfer
Publisher: Springer
Total Pages: 569
Release: 2016-10-12
Genre: Political Science
ISBN: 3658137622

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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.


Constitutional Politics and the Judiciary

Constitutional Politics and the Judiciary
Author: Kálmán Pócza
Publisher: Routledge
Total Pages: 252
Release: 2018-11-19
Genre: Law
ISBN: 9780429467097

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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.


Limits to Democratic Constitutionalism in Central and Eastern Europe

Limits to Democratic Constitutionalism in Central and Eastern Europe
Author: Bogusia Puchalska
Publisher: Routledge
Total Pages: 295
Release: 2016-05-06
Genre: Political Science
ISBN: 1317104978

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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.


Constitutional Politics and the Judiciary

Constitutional Politics and the Judiciary
Author: Kálmán Pócza
Publisher: Routledge
Total Pages: 252
Release: 2018-11-19
Genre: Law
ISBN: 0429883595

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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.


Constitutional Review in Central and Eastern Europe

Constitutional Review in Central and Eastern Europe
Author: Kálmán Pócza
Publisher: Taylor & Francis
Total Pages: 331
Release: 2024-02-13
Genre: Law
ISBN: 1003849547

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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.


Constitutional Democracy

Constitutional Democracy
Author: J nos Kis
Publisher: Central European University Press
Total Pages: 344
Release: 2003-01-01
Genre: Political Science
ISBN: 9789639241329

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Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.


Law, Politics, and the Constitution

Law, Politics, and the Constitution
Author: Antonia Geisler
Publisher: Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook
Total Pages: 0
Release: 2014
Genre: Civil rights
ISBN: 9783631654644

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The fourth Yearbook of the Central and Eastern European Forum of Young Legal, Political and Social Theorists reassesses central concepts of modern constitutionalism between the poles of law and politics: separation of powers, constitutional review, and constitutional rights and obligations. Fourteen legal scholars and political scientists from the region contribute to interrelated debates in both disciplines. Two questions are particularly raised: How can the aforementioned concepts be understood? And: Which role do they play in current national and supra-national institutions? With regard to the second question, an essential part of the chapters focuses on current developments within the European Union and in post-socialist states of Central and Eastern Europe.


The handbook of political change in Eastern Europe

The handbook of political change in Eastern Europe
Author: Frank H. Aarebrot
Publisher: Edward Elgar Publishing
Total Pages: 413
Release: 2014-05-14
Genre: Political Science
ISBN: 1781954291

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'The editors have succeeded in putting together an excellent group of authors who present a well informed and balanced analysis of the formation of political systems in the examined countries. . . . The authors of this book are to be congratulated on the structure and clarity of its presentation. This volume makes an interesting contribution to knowledge in this field and should be useful reading for students and experts interested in Central and Eastern European politics.' - Dan Marek, Journal of European Area Studies 'This is a very interesting reference book of the political changes in Eastern Europe since the demise of communism. It will prove to be of great use for everybody involved in research on Eastern Europe, but it can also offer considerable introductory information to those who have not followed the most recent developments in the region.' - Ioannis Armakolas, The Ethnic Conflict Research Digest This major new reference book provides an authoritative and thorough analysis of the political changes which have occurred in Eastern Europe since the demise of communism. It offers an historical, comparative perspective of the region and focuses on the social consequences of the transition, historical legacies, and variations between countries in the sequences of the changes.