Author : Adam Czarnota
Publisher : Central European University Press
Page : 380 pages
File Size : 30,96 MB
Release : 2005-01-01
Category : Law
ISBN : 9637326227
"This book is concerned to assess, and to draw some of the implications of, the legal developments of these last dozen or so years, specifically as they speak to issues of constitutionalism, dealing with the past, and the rule of law."--Introduction.
Author : Adam Czarnota
Publisher : Central European University Press
Page : 392 pages
File Size : 15,62 MB
Release : 2005-09-10
Category : Law
ISBN : 6155053626
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.
Author : Csongor Kuti
Publisher : Central European University Press
Page : 338 pages
File Size : 26,22 MB
Release : 2009-01-01
Category : Law
ISBN : 9789639776401
Eastern European societies underwent large-scale deprivations of property by the authoritarian regimes, beginning after World War II, largely ending with the last waves of the kolkhoz movement in the early 1960s. Kuti examines property reparations that took place after 1989, from the perspective of constitutional justice, the rule of law, but also from the point of view of identity politics. A controversial and at times contentious issue is tackled here, effecting people's lives and material situations drastically whilst touching upon the raw nerves of history. Kuti compares property restitution schemes in the Baltic States, Poland, Germany, Czech Republic, Slovakia, Hungary and Romania. Argues that the aims of compensation and reparation were coupled with goals of structural reform. Provides an international perspective, through extensive reference to the jurisprudence of the European Court of Human Rights, as well as to some other jurisdictions confronted with indigenous peoples' claims. The inquiry concludes that the ideals of rule of law and justice cannot lead to consistent solutions in this problem, and the presence of an imperfect theorization is demonstrated.
Author : Tom Gerald Daly
Publisher : Cambridge University Press
Page : 397 pages
File Size : 21,28 MB
Release : 2017-11-02
Category : Law
ISBN : 1108417949
This book presents a searching critique of excessive reliance on courts as 'democracy-builders' in states emerging from authoritarian rule.
Author : Odette Lienau
Publisher : Harvard University Press
Page : 342 pages
File Size : 24,41 MB
Release : 2014-02-18
Category : Business & Economics
ISBN : 0674726405
Conventional wisdom holds that all nations must repay debt. Regardless of the legitimacy of the regime that signs the contract, a country that fails to honor its obligations damages its reputation. Yet should today's South Africa be responsible for apartheid-era debt? Is it reasonable to tether postwar Iraq with Saddam Hussein's excesses? Rethinking Sovereign Debt is a probing analysis of how sovereign debt continuity--the rule that nations should repay loans even after a major regime change, or else expect consequences--became dominant. Odette Lienau contends that the practice is not essential for functioning capital markets, and demonstrates its reliance on absolutist ideas that have come under fire over the last century. Lienau traces debt continuity from World War I to the present, emphasizing the role of government officials, the World Bank, and private markets in shaping our existing framework. Challenging previous accounts, she argues that Soviet Russia's repudiation of Tsarist debt and Great Britain's 1923 arbitration with Costa Rica hint at the feasibility of selective debt cancellation. Rethinking Sovereign Debt calls on scholars and policymakers to recognize political choice and historical precedent in sovereign debt and reputation, in order to move beyond an impasse when a government is overthrown.
Author : Gianluigi Palombella
Publisher : Bloomsbury Publishing
Page : 244 pages
File Size : 32,38 MB
Release : 2008-12-18
Category : Law
ISBN : 1847314724
In this set of interdisciplinary essays leading scholars discuss the future of the Rule of Law, a concept whose meaning and import has become ever more topical and elusive. Historically the term denoted the idea of 'government limited by law'. It has also come to be equated, more broadly, with certain goods suggested by the idea of legality as such, including the preservation of human dignity and other individual and social benefits predicated upon or conducive to a rule-based social order. But in both its narrow and broader senses the Rule of Law remains a much contested concept. These essays seek to capture the main areas and levels of controversy by 'relocating' the Rule of Law not just at the philosophical level, but also in its main contemporary arenas of application - both national, and increasingly, supranational and international.
Author : Heikki Pihlajamäki
Publisher : Oxford University Press
Page : 1217 pages
File Size : 38,75 MB
Release : 2018-06-28
Category : Law
ISBN : 0191088374
European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.
Author : András Sajó
Publisher : Eleven International Publishing
Page : 338 pages
File Size : 40,67 MB
Release : 2006
Category : Abuse of rights
ISBN : 907759616X
This book addresses the problem of abuse - not what is commonly understood as 'abuse of human rights' where authorities violate fundamental rights by simply denying them. Rather, it refers to authorities and individuals claiming human (fundamental) rights and the rule of law in ways that violate the fundamental rights of other people. Most contributors to this volume agree that in certain instances fundamental rights are used improperly, with troubling consequences, and that making us aware of such improprieties is necessary for the most efficient and just operation of the constitutional system. Several methods how to approach the issue are covered in this book, ranging from the use of existing doctrinal categories (e.g. conflict of rights) to developing a doctrine of abuse of rights. They help in clarifying improper uses of rights and the rule of law in constitutional and international law. The thought-provoking essays in this book are a welcome contribution to the debate if and how to deal with the negative consequences of rights-based action.
Author : Ramona Coman
Publisher : Springer Nature
Page : 301 pages
File Size : 20,10 MB
Release : 2022-04-23
Category : Political Science
ISBN : 3030973670
This book analyses the challenges facing the European Union through the frame of the rule of law. It shows how over the last decades the increased dissensus and contestation of the rule of law has given rise to heightened tensions between national and EU institutions, leading to the establishment of new soft and hard policy tools to safeguard it at the supranational level. The book proposes a comprehensive and multifaceted analysis of the current state of debates by exploring how EU institutional actors seek to uphold the Union’s values. It shows that European integration in core state powers is the outcome of the clash between liberal and anti-liberal ideas, between dissensus and contestation over how collective problems should be solved, in a community of voices featuring assent and dissent, all of which give democracy its substance. Beyond the analysis of the emerging EU’s rule of law policy, the book will help readers to better understand the EU’s fragilities and resilience and the potential challenges for the future of EU integration.
Author : Grazyna Skapska
Publisher : BRILL
Page : 268 pages
File Size : 11,91 MB
Release : 2011-05-23
Category : Social Science
ISBN : 9004203915
Drawing on the sociological theory of reflexive modernization and the doctrine of liberal democracy, this book debates the formation of postcommunist constitutionalism. Examination of Poland, in comparison with other postcommunist countries, leads to a new theory of reflexive constitutionalism.
