Human Rights and Political Dissent in Central Europe


Book Description

This volume examines to what extent the positive atmosphere created by the Helsinki Accords contributed to the change in political circumstances seen in the countries of Central Europe, under Soviet domination. It focuses in particular on - firstly - a consequent new impetus to bolster human rights in international politics, as Western democracies - especially the US - integrated human rights concerns into its foreign policy relations with Soviet Bloc countries and - secondly – how this Western embrace of human rights seemed to create new incentives for increased dissident activity in Central and Eastern Europe and from 1976 onward. Finally, the book reminds us of the significant role of the Helsinki Accords in developing democratic practices in Eastern European societies under Soviet domination in 1975-1989 and in creating the conditions for the peaceful transition to democratic government in the years that followed. This book will be of key interest to scholars and students of the history of communism, post-Soviet, Russian, and central and East European politics, the history of human rights, and democratization.




Protecting the right to freedom of expression under the European Convention on Human Rights


Book Description

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.




EU Law in Populist Times


Book Description

A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.




The Impact of the ECHR on Democratic Change in Central and Eastern Europe


Book Description

High hopes were placed in the ability of the European Convention and the Court of Human Rights to help realise fundamental freedoms and civil and political rights in the post-communist countries. This book explores the effects of the Strasbourg human rights system on the domestic law, politics and reality of the new member states. With contributions by past and present judges of the European Court of Human Rights and assorted constitutional courts, this book provides an insider view of the relationship between Central and Eastern European states and the ECHR, and examines the fundamental role played by the ECHR in the process of democratisation, particularly the areas of the right to liberty, the right to propriety, freedom of expression, and minorities' rights.




The Light that Failed


Book Description

A landmark book that completely transforms our understanding of the crisis of liberalism, from two pre-eminent intellectuals Why did the West, after winning the Cold War, lose its political balance? In the early 1990s, hopes for the eastward spread of liberal democracy were high. And yet the transformation of Eastern European countries gave rise to a bitter repudiation of liberalism itself, not only there but also back in the heartland of the West. In this brilliant work of political psychology, Ivan Krastev and Stephen Holmes argue that the supposed end of history turned out to be only the beginning of an Age of Imitation. Reckoning with the history of the last thirty years, they show that the most powerful force behind the wave of populist xenophobia that began in Eastern Europe stems from resentment at the post-1989 imperative to become Westernized. Through this prism, the Trump revolution represents an ironic fulfillment of the promise that the nations exiting from communist rule would come to resemble the United States. In a strange twist, Trump has elevated Putin's Russia and Orbán's Hungary into models for the United States. Written by two pre-eminent intellectuals bridging the East/West divide, The Light that Failed is a landmark book that sheds light on the extraordinary history of our Age of Imitation.




Rule of Law, Common Values, and Illiberal Constitutionalism


Book Description

This book challenges the idea that the Rule of Law is still a universal European value given its relatively rapid deterioration in Hungary and Poland, and the apparent inability of the European institutions to adequately address the illiberalization of these Member States. The book begins from the general presumption that the Rule of Law, since its emergence, has been a universal European value, a political ideal and legal conception. It also acknowledges that the EU has been struggling in the area of value enforcement, even if the necessary mechanisms are available and, given an innovative outlook and more political commitment, could be successfully used. The authors appreciate the different approaches toward the Rule of Law, both as a concept and as a measurable indicator, and while addressing the core question of the volume, widely rely on them. Ultimately, the book provides a snapshot of how the Rule of Law ideal has been dismantled and offers a theory of the Rule of Law in illiberal constitutionalism. It discusses why voters keep illiberal populist leaders in power when they are undeniably acting contrary to the Rule of Law ideal. The book will be of interest to academics and researchers engaged with the foundational questions of constitutionalism. The structure and nature of the subject matter covered ensure that the book will be a useful addition for comparative and national constitutional law classes. It will also appeal to legal practitioners wondering about the boundaries of the Rule of Law.




Between Past and Future


Book Description

"The list of contributors is impressive withnot a single dull chapter...; the editors are to be congratulated for making available such a stimulating and timely, if not timeless, collection" - Slavic Review "[T]his is a book that will serve many intellectual tastes and interests, and that will certainly prove thought provoking for anyone who reads it... I recommend it to anybody who wants to witness the analythical depth and span with which the meaning of 1989 can be approached." - Extremism & Democracy The tenth anniversary of the collapse of communism in Central and Eastern Europe provides the starting point for this thought-provoking analysis. Between Past and Future reflects upon the past ten years and considers what lies ahead for the future. An international group of distinguished academics and public intellectuals, including former dissidents and active politicians, engage in a lively exchange on the antecedents, causes, contexts, meanings and legacies of the 1989 revolutions. At a crossroads between past and future, the contributors to this seminal volume address all the crucial issues -- liberal democracy and its enemies, modernity and discontent, economic reforms and their social impact, ethnicity, nationalism and religion, geopolitics, electoral systems and political power, European integration and the tragic demise of Yugoslavia. Based on the results of recent research on the ideologies behind one of the most dramatic systematic transformations in world history, and including contributions from some of the world's leading experts, Between Past and Future is an essential reference book for scholars and students of all levels, policy-makers, journalists and the general reader interested in the past and future prospects of Central & Eastern Europe




Democracies and International Law


Book Description

Contrasts democratic and authoritarian approaches to international law, explaining how their interaction will affect the world in the future.




Democracies Divided


Book Description

“A must-read for anyone concerned about the fate of contemporary democracies.”—Steven Levitsky, co-author of How Democracies Die 2020 CHOICE Outstanding Academic Title Why divisions have deepened and what can be done to heal them As one part of the global democratic recession, severe political polarization is increasingly afflicting old and new democracies alike, producing the erosion of democratic norms and rising societal anger. This volume is the first book-length comparative analysis of this troubling global phenomenon, offering in-depth case studies of countries as wide-ranging and important as Brazil, India, Kenya, Poland, Turkey, and the United States. The case study authors are a diverse group of country and regional experts, each with deep local knowledge and experience. Democracies Divided identifies and examines the fissures that are dividing societies and the factors bringing polarization to a boil. In nearly every case under study, political entrepreneurs have exploited and exacerbated long-simmering divisions for their own purposes—in the process undermining the prospects for democratic consensus and productive governance. But this book is not simply a diagnosis of what has gone wrong. Each case study discusses actions that concerned citizens and organizations are taking to counter polarizing forces, whether through reforms to political parties, institutions, or the media. The book’s editors distill from the case studies a range of possible ways for restoring consensus and defeating polarization in the world’s democracies. Timely, rigorous, and accessible, this book is of compelling interest to civic activists, political actors, scholars, and ordinary citizens in societies beset by increasingly rancorous partisanship.