Importing the Law in Post-Communist Transitions

Importing the Law in Post-Communist Transitions
Author: Catherine Dupré
Publisher: Hart Publishing
Total Pages: 239
Release: 2003-03-14
Genre: Law
ISBN: 1841131318

This book is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe.

Importing the Law in Post-communist Transitions

Importing the Law in Post-communist Transitions
Author: Catherine Dupré
Publisher:
Total Pages: 217
Release: 2003
Genre: Civil rights
ISBN: 9781472562715

Within the wider context of the complex of changes in Central and Eastern Europe referred to as Transition, legal scholar Dupr (European U. Institute) explores the new constitution in Hungary and its feature of constitutional adjudication. The country had a relatively mild case of communism and maintained more extensive ties with the rest than many.

European and US Constitutionalism

European and US Constitutionalism
Author: Georg Nolte
Publisher: Cambridge University Press
Total Pages: 336
Release: 2005-09-29
Genre: Law
ISBN: 9780521854016

This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. This question is explored with respect to the areas of 'freedom of speech', 'human dignity', 'duty of the state to protect individuals from harm', 'adjudication by constitutional and other courts' and, finally, 'democratic theory and international influences'. The authors of this book are constitutional scholars from Europe and the United States, as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.

Annual of German and European Law

Annual of German and European Law
Author: Russell Miller
Publisher: Berghahn Books
Total Pages: 568
Release: 2007-02-01
Genre: Law
ISBN: 1789206030

German law has been of long-standing interest and increasing relevance around the world, but access for researchers and practitioners very frequently was limited by the necessity of German language proficiency. Offering English-language access to these fields, the Annual of German & European Law is a significant contribution to the global discourse on and study of German, European and Comparative law. Each volume presents: (1) articles – original, cutting-edge scholarship from the fields of German and European law; (2) jurisdictional reports – comments on the latest caselaw from Germany’s most significant courts and the case-law of the European courts having importance for Germany; (3) book reviews – surveying the most compelling recent literature (whether in the German or English language) in the fields of German and European law; and (4) translations – exclusive English-language versions of significant primary sources of German law, including statutes and court opinions). The first volumes of the Annual of German & European Law have attracted contributions from some of the most preeminent commentators, scholars and jurists in the fields, including, among others: Luke Nottage (Volume I); Juliet Lodge (Volume I); Alexander Somek (Volume I): Susanne Baer (Volume I): Renate Jaeger (Volume II): Günter Frankenberg (Volume II): Bootjan Zupanãiã (Volume II): Nigel Foster (Volume II) The third volume maintains this tradition of high quality, peer-reviewed scholarship with contributions expected from Gertrude Lübbe-Wolff (Justice, German Federal Constitutional Court) and Christian Joerges (European University Institute).

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.

Product Liability Law in Transition

Product Liability Law in Transition
Author: Magdalena Tulibacka
Publisher: Routledge
Total Pages: 294
Release: 2016-04-08
Genre: Law
ISBN: 1317075390

This volume examines the evolution of Central European product liability systems, with particular reference to the effect of the implementation of the Product Liability Directive in the context of the recent enlargement of the EU. This book also provides a comparison of how product liability law has evolved in the socialist states, comparing it to developments taking place in the West. Using product liability law, this study offers a valuable insight into the necessary features and requirements of the harmonization of laws between the EU and post-socialist Europe. Predominantly legal in scope, it also takes account of the importance of extra-legal elements in law reform. As such, this book will be a valuable resource for those interested in European Law, as well as those working in the area of Consumer and Product Liability law.

Central and Eastern Europe After Transition

Central and Eastern Europe After Transition
Author: Wojciech Sadurski
Publisher: Routledge
Total Pages: 375
Release: 2016-04-08
Genre: Law
ISBN: 131716900X

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 Transformation of Property Regimes and Transitional Justice in Central Eastern Europe

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe
Author: Liviu Damşa
Publisher: Springer
Total Pages: 325
Release: 2017-01-03
Genre: Law
ISBN: 331948530X

This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.

Ecuador’s “Good Living”

Ecuador’s “Good Living”
Author: Carlos E. Gallegos-Anda
Publisher: BRILL
Total Pages: 318
Release: 2020-11-23
Genre: Social Science
ISBN: 900443951X

Ecuador’s “Good Living”: Crises, Discourse, and Law by Gallegos-Anda, presents a critical approach towards the concept of Buen Vivir that was included in Ecuador’s 2008 Constitution, presenting new inductive theories that analyse the context and power relations that forged it.

The Age of Dignity

The Age of Dignity
Author: Catherine Dupré
Publisher: Bloomsbury Publishing
Total Pages: 257
Release: 2016-02-11
Genre: Law
ISBN: 1509900381

Human dignity is one of the most challenging and exciting ideas for lawyers and political philosophers in the twenty-first century. Even though it is rapidly emerging as a core concept across legal systems, and is the first foundational value of the European Union and its overarching human rights commitment under the Lisbon Treaty, human dignity is still little understood and often mistrusted. Based on extensive comparative and cross-disciplinary research, this path-breaking monograph provides an innovative and critical investigation of human dignity's origins, development and above all its potential at the heart of European constitutionalism today. Grounding its analysis in the connections among human dignity, human rights, constitutional law and democracy, this book argues that human dignity's varied and increasing uses point to a deep transformation of European constitutionalism. At its heart are the construction and protection of constitutional time, and the multi-dimensional definition of humanity as human beings, citizens and workers. Anchored in a detailed comparative study of case law, including the two European supranational courts and domestic constitutional courts, especially those of Germany, the UK, France and Hungary, this monograph argues for a new understanding of European constitutionalism as a form of humanism.