The Judiciary in Central and Eastern Europe

The Judiciary in Central and Eastern Europe

Author: Zdenek Kühn

Publisher: BRILL

Published: 2011-10-28

Total Pages: 336

ISBN-13: 9047429001

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One of the most widespread problems in post-Communist countries is the quality of the judiciary. The book argues that these problems are intimately linked to the legal culture of Communist law, that an understanding of post-Communist judges necessarily requires an understanding of their Communist predecessors. There seems to be a deep continuity in the methods of legal reasoning employed by lawyers in the region of East Central Europe, starting in the era of Stalinism of the 1950s up to the current post-Communist period, which continuity is manifested in the problems of 1990s and 2000s. Communist legal culture and its aftermath provide an interesting analysis of the development of legal culture in a long-lasting system which was intellectually almost completely separated from the outside world. The book targets the judicial ideology, the conception of law, and the judicial self-perceptions, which are phenomena most likely to be contained in the deepest level of legal culture, that most resistant to change.


Book Synopsis The Judiciary in Central and Eastern Europe by : Zdenek Kühn

Download or read book The Judiciary in Central and Eastern Europe written by Zdenek Kühn and published by BRILL. This book was released on 2011-10-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most widespread problems in post-Communist countries is the quality of the judiciary. The book argues that these problems are intimately linked to the legal culture of Communist law, that an understanding of post-Communist judges necessarily requires an understanding of their Communist predecessors. There seems to be a deep continuity in the methods of legal reasoning employed by lawyers in the region of East Central Europe, starting in the era of Stalinism of the 1950s up to the current post-Communist period, which continuity is manifested in the problems of 1990s and 2000s. Communist legal culture and its aftermath provide an interesting analysis of the development of legal culture in a long-lasting system which was intellectually almost completely separated from the outside world. The book targets the judicial ideology, the conception of law, and the judicial self-perceptions, which are phenomena most likely to be contained in the deepest level of legal culture, that most resistant to change.


Constitutional Review in Central and Eastern Europe

Constitutional Review in Central and Eastern Europe

Author: Kálmán Pócza

Publisher: Taylor & Francis

Published: 2024-02-13

Total Pages: 331

ISBN-13: 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.


Book Synopsis Constitutional Review in Central and Eastern Europe by : Kálmán Pócza

Download or read book Constitutional Review in Central and Eastern Europe written by Kálmán Pócza and published by Taylor & Francis. This book was released on 2024-02-13 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Central and Eastern Europe After Transition

Central and Eastern Europe After Transition

Author: Wojciech Sadurski

Publisher: Routledge

Published: 2016-04-08

Total Pages: 375

ISBN-13: 131716900X

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How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.


Book Synopsis Central and Eastern Europe After Transition by : Wojciech Sadurski

Download or read book Central and Eastern Europe After Transition written by Wojciech Sadurski and published by Routledge. This book was released on 2016-04-08 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.


The Role of the Judiciary in a State Governed by the Rule of Law

The Role of the Judiciary in a State Governed by the Rule of Law

Author: Council of Europe

Publisher: Manhattan Publishing Company

Published: 1996

Total Pages: 136

ISBN-13:

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Ministers present, the programme and the list of participants.


Book Synopsis The Role of the Judiciary in a State Governed by the Rule of Law by : Council of Europe

Download or read book The Role of the Judiciary in a State Governed by the Rule of Law written by Council of Europe and published by Manhattan Publishing Company. This book was released on 1996 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ministers present, the programme and the list of participants.


Constitutional Politics and the Judiciary

Constitutional Politics and the Judiciary

Author: Kálmán Pócza

Publisher: Routledge

Published: 2018-11-19

Total Pages: 252

ISBN-13: 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.


Book Synopsis Constitutional Politics and the Judiciary by : Kálmán Pócza

Download or read book Constitutional Politics and the Judiciary written by Kálmán Pócza and published by Routledge. This book was released on 2018-11-19 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


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

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

Author: Iulia Motoc

Publisher: Cambridge University Press

Published: 2016-08-18

Total Pages: 559

ISBN-13: 1316558835

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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.


Book Synopsis The Impact of the ECHR on Democratic Change in Central and Eastern Europe by : Iulia Motoc

Download or read book The Impact of the ECHR on Democratic Change in Central and Eastern Europe written by Iulia Motoc and published by Cambridge University Press. This book was released on 2016-08-18 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Rights Before Courts

Rights Before Courts

Author: Wojciech Sadurski

Publisher: Springer

Published: 2014-05-26

Total Pages: 470

ISBN-13: 9401789355

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This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.


Book Synopsis Rights Before Courts by : Wojciech Sadurski

Download or read book Rights Before Courts written by Wojciech Sadurski and published by Springer. This book was released on 2014-05-26 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.


Judicial Overview of Central and Eastern Europe and the New Independent States of the Former Soviet Union

Judicial Overview of Central and Eastern Europe and the New Independent States of the Former Soviet Union

Author: American Bar Association. Central and Eastern European Law Initiative

Publisher:

Published: 1995

Total Pages:

ISBN-13:

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Book Synopsis Judicial Overview of Central and Eastern Europe and the New Independent States of the Former Soviet Union by : American Bar Association. Central and Eastern European Law Initiative

Download or read book Judicial Overview of Central and Eastern Europe and the New Independent States of the Former Soviet Union written by American Bar Association. Central and Eastern European Law Initiative and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:


East European Faces of Law and Society: Values and Practices

East European Faces of Law and Society: Values and Practices

Author: William B. Simons

Publisher: Martinus Nijhoff Publishers

Published: 2014-10-09

Total Pages: 380

ISBN-13: 9004285229

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This volume offers readers a multi-layer analysis of issues of law and society in Central and Eastern Europe, Russia, and Ukraine. This collection of thought-provoking essays deals with a wide range of subject matter including constitutional, administrative, civil, and criminal law, as well as aspects of legal culture, corruption, corporate social responsibility, and informal practices of judiciaries. Throughout the volume, readers are given not only a comparative perspective of current practices but are also offered a historical glimpse of law and philosophy in the region. The conclusions and analysis offered by these authors - from the ''East'" as well as from the ''West'' - are supported by survey data, literature, legislation, and court practice in the region and abroad.


Book Synopsis East European Faces of Law and Society: Values and Practices by : William B. Simons

Download or read book East European Faces of Law and Society: Values and Practices written by William B. Simons and published by Martinus Nijhoff Publishers. This book was released on 2014-10-09 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers readers a multi-layer analysis of issues of law and society in Central and Eastern Europe, Russia, and Ukraine. This collection of thought-provoking essays deals with a wide range of subject matter including constitutional, administrative, civil, and criminal law, as well as aspects of legal culture, corruption, corporate social responsibility, and informal practices of judiciaries. Throughout the volume, readers are given not only a comparative perspective of current practices but are also offered a historical glimpse of law and philosophy in the region. The conclusions and analysis offered by these authors - from the ''East'" as well as from the ''West'' - are supported by survey data, literature, legislation, and court practice in the region and abroad.


Law, Culture and Identity in Central and Eastern Europe

Law, Culture and Identity in Central and Eastern Europe

Author: Cosmin Cercel

Publisher: Taylor & Francis

Published: 2023-12-01

Total Pages: 375

ISBN-13: 1003812953

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Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.


Book Synopsis Law, Culture and Identity in Central and Eastern Europe by : Cosmin Cercel

Download or read book Law, Culture and Identity in Central and Eastern Europe written by Cosmin Cercel and published by Taylor & Francis. This book was released on 2023-12-01 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mirosław Michał Sadowski is Lecturer at the University of Strathclyde in Glasgow, Scotland; Affiliated Researcher at the Centre for Global Studies, Alberta University in Lisbon, Portugal; Postdoctoral Researcher at CEBRAP – Brazilian Center of Analysis and Planning in São Paulo, Brazil; Research Assistant at the Institute of Legal Sciences, Polish Academy of Sciences in Warsaw, Poland.