Prospects for Constitutionalism in Post-Communist Countries

Prospects for Constitutionalism in Post-Communist Countries
Author: Levent Gönenç
Publisher: Martinus Nijhoff Publishers
Total Pages: 458
Release: 2002-06-18
Genre: Law
ISBN: 9789041118363

The last decade of the 20th century saw radical changes in Eastern Europe and the former USSR. Most of these countries made a transition from totalitarianism or authoritarianism to democracy and from central planning to a market economy. Adding to the latter, a number of national entities gained their independence after the disintegration of the federative states of the USSR, Yugoslavia and Czechoslovakia. Many recent studies have focused on these double, in some cases triple transitions, and scholars from different fields analyzed the so-called "1989 Revolution" from different perspectives. Rather less scholarly attention has been paid to the future of post-communist constitutions and prospects for constitutionalism in these countries. The main questions dealt with throughout this study can be formulated as follows: Will liberal democratic constitutionalism take root in these countries? Will new constitutions in Eastern Europe and the former USSR perish or survive? This study also aims at contributing to the construction of a general constitutional theory by studying the causes and dynamics of constitutional change in general. Such constitutional change is not only on the East European, but also on the West European agenda. The purpose of this study is not to introduce a general theory about constitutional in/stability, but studying post-communist constitutions will help us to understand the causes and dynamics of constitutional change from a broader perspective.

Rethinking the Rule of Law after Communism

Rethinking the Rule of Law after Communism
Author: Adam Czarnota
Publisher: Central European University Press
Total Pages: 392
Release: 2005-09-10
Genre: 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.

Communism's Shadow

Communism's Shadow
Author: Grigore Pop-Eleches
Publisher: Princeton University Press
Total Pages: 355
Release: 2017-05-09
Genre: Political Science
ISBN: 1400887828

It has long been assumed that the historical legacy of Soviet Communism would have an important effect on post-communist states. However, prior research has focused primarily on the institutional legacy of communism. Communism's Shadow instead turns the focus to the individuals who inhabit post-communist countries, presenting a rigorous assessment of the legacy of communism on political attitudes. Post-communist citizens hold political, economic, and social opinions that consistently differ from individuals in other countries. Grigore Pop-Eleches and Joshua Tucker introduce two distinct frameworks to explain these differences, the first of which focuses on the effects of living in a post-communist country, and the second on living through communism. Drawing on large-scale research encompassing post-communist states and other countries around the globe, the authors demonstrate that living through communism has a clear, consistent influence on why citizens in post-communist countries are, on average, less supportive of democracy and markets and more supportive of state-provided social welfare. The longer citizens have lived through communism, especially as adults, the greater their support for beliefs associated with communist ideology—the one exception being opinions regarding gender equality. A thorough and nuanced examination of communist legacies' lasting influence on public opinion, Communism's Shadow highlights the ways in which political beliefs can outlast institutional regimes.

Post-Communist Mafia State

Post-Communist Mafia State
Author: B lint Magyar
Publisher: Central European University Press
Total Pages: 337
Release: 2016-03-01
Genre: Political Science
ISBN: 6155513546

Having won a two-third majority in Parliament at the 2010 elections, the Hungarian political party Fidesz removed many of the institutional obstacles of exerting power. Just like the party, the state itself was placed under the control of a single individual, who since then has applied the techniques used within his party to enforce submission and obedience onto society as a whole. In a new approach the author characterizes the system as the ?organized over-world?, the ?state employing mafia methods? and the ?adopted political family', applying these categories not as metaphors but elements of a coherent conceptual framework. The actions of the post-communist mafia state model are closely aligned with the interests of power and wealth concentrated in the hands of a small group of insiders. While the traditional mafia channeled wealth and economic players into its spheres of influence by means of direct coercion, the mafia state does the same by means of parliamentary legislation, legal prosecution, tax authority, police forces and secret service. The innovative conceptual framework of the book is important and timely not only for Hungary, but also for other post-communist countries subjected to autocratic rules. ÿ

Varieties of Post-communist Capitalism

Varieties of Post-communist Capitalism
Author: Iván Szelényi
Publisher: BRILL
Total Pages: 263
Release: 2019-11-26
Genre: Social Science
ISBN: 9004413197

This book intends to be a contribution to the “varieties of capitalism” paradigm. The theoretical background is Weber’s theory of legitimacy. Was communism ever “legitimate”? What kind of legitimacy claims were made in the transition from communism to capitalism? Central Europe was closer to the Western “liberal” model. Russia built capitalism in a patrimonial way. China followed its own unique way; some called it “socialism with Chinese characteristics”. Putin experiments with an innovation for post-communist capitalism. He confronts the “oligarchs” and reallocates property from those who challenge his political authority to old and new loyal ones. In conclusion, the central question is to what extent is “Putinism” a generic model for post-communist capitalism?

Constitutions in Authoritarian Regimes

Constitutions in Authoritarian Regimes
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 283
Release: 2014
Genre: Law
ISBN: 1107047668

This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Transforming Post-Communist Political Economies

Transforming Post-Communist Political Economies
Author: National Research Council
Publisher: National Academies Press
Total Pages: 534
Release: 1998-03-02
Genre: Political Science
ISBN: 9780309059299

This ground-breaking new volume focuses on the interaction between political, social, and economic change in Central and Eastern Europe and the New Independent States. It includes a wide selection of analytic papers, thought-provoking essays by leading scholars in diverse fields, and an agenda for future research. It integrates work on the micro and macro levels of the economy and provides a broad overview of the transition process. This volume broadens the current intellectual and policy debate concerning the historic transition now taking place from a narrow concern with purely economic factors to the dynamics of political and social change. It questions the assumption that the post-communist economies are all following the same path and that they will inevitably develop into replicas of economies in the advanced industrial West. It challenges accepted thinking and promotes the utilization of new methods and perspectives.

Method and Morals in Constitutional Economics

Method and Morals in Constitutional Economics
Author: Geoffrey Brennan
Publisher: Springer Science & Business Media
Total Pages: 576
Release: 2013-03-09
Genre: Political Science
ISBN: 3662048108

This Festschrift was "presented" in electronic form to Buchanan on the occasion of his eightieth birthday on October 3, 1999, after dinner in Fairfax, Virginia. As one might have expected, the response to our call for papers was vo luminous. In looking over the many contributions, we felt that a "published" Festschrift was also possible and fitting for the eightieth birthday of so prodi gious and influential a scholar as Professor Buchanan. To that end we have assembled the following volume. In selecting the papers to be included here we have basically tried to choose those papers which in some way bear on Buchanan's contributions. Perfectly good papers about issues not related to Buchanan's research agenda or not referring directly to Buchanan's work were not included. Space constraints did not allow universal coverage, so choices had to be made. It should be stated clearly that these were our choices based on the criterion that the contribution be relevant to Buchanan's work. Buchanan had nothing whatsoever to do with the selection of papers for this volume. Once choices had been made, we arranged the papers by subject matter ranging from various aspects of Buchanan's work in economics, political science, philosophy, and related areas, to some more personal recollections of Jim as a professor, friend, and colleague. Including the latter material was also our decision, and this probably represents a choice with which Jim would not have agreed. We think, however, that the reader will find these pieces interesting and informative.

From 'Civil Society' to 'Europe'

From 'Civil Society' to 'Europe'
Author: Grazyna Skapska
Publisher: BRILL
Total Pages: 269
Release: 2011-05-23
Genre: Political Science
ISBN: 9004192077

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.

Post-Communist Democratization

Post-Communist Democratization
Author: John S. Dryzek
Publisher: Cambridge University Press
Total Pages: 316
Release: 2002-06-13
Genre: Political Science
ISBN: 9780521001380

This book examines the way democracy is thought about and lived by people in the post-communist world.