CENTRAL AND EASTERN EUROPE AFTER TRANSITION TOWARDS A NEW SOCIO LEGAL SEMANTICS STUDIES IN MODERN LAW AND POLICY

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Central And Eastern Europe After Transition

Author : Wojciech Sadurski
ISBN : 9781317169000
Genre : Law
File Size : 66.47 MB
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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.
Category: Law

Constitutional Evolution In Central And Eastern Europe

Author : Alexander H.E. Morawa
ISBN : 9781317161707
Genre : Law
File Size : 87.41 MB
Format : PDF
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This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.
Category: Law

Judicial Application Of European Union Law In Post Communist Countries

Author : Tatjana Evas
ISBN : 9781317110088
Genre : Law
File Size : 21.74 MB
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This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system. Presenting a conceptual framework for assessing and comparing transformations of national judicial systems in the context of EU membership, the book contributes to the EU legal theoretical debate on the relationship between 'authority' and 'coherence'. The author develops an original analytical framework of coherence to assess the application of EU law by national courts and uses interdisciplinary scientific methods and research design that combine legal doctrinal and social science methodology to the study of 'classical' legal questions. Providing an extensive database of 2004-2009 national judgments of national courts in Latvia and Estonia, the book offers an extensive comparative review of the jurisprudence of constitutional and supreme courts, as well as providing insight into the jurisprudence of ordinary national courts. It will appeal to legal scholars and political scientists studying courts and jurisprudence.
Category: Law

The Oxford Handbook Of Populism

Author : Cristobal Rovira Kaltwasser
ISBN : 9780198803560
Genre : Political Science
File Size : 46.60 MB
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Populist forces are becoming increasingly relevant across the world, and studies on populism have entered the mainstream of the political science discipline. However, so far no book has synthesized the ongoing debate on how to study the populist phenomenon. This handbook provides state of the art research and scholarship on populism, and lays out, not only the cumulated knowledge on populism, but also the ongoing discussions and research gaps on this topic. The Oxford Handbook of Populism is divided into four sections. The first presents the main conceptual approaches on populism and points out how the phenomenon in question can be empirically analyzed. The second focuses on populist forces across the world and includes chapters on Africa, Australia and New Zealand, Central and Eastern Europe, East Asia, India, Latin America, the Post-Soviet States, the United States, and Western Europe. The third reflects on the interaction between populism and various relevant issues both from a scholarly and political point of view. Amongst other issues, chapters analyze the relationship between populism and fascism, foreign policy, gender, nationalism, political parties, religion, social movements and technocracy. Finally, the fourth part includes some of the most recent normative debates on populism, including chapters on populism and cosmopolitanism, constitutionalism, hegemony, the history of popular sovereignty, the idea of the people, and socialism. The handbook features contributions from leading experts in the field, and is indispensible, positioning the study of populism in political science.
Category: Political Science

Networking The Rule Of Law

Author : Cristina Dallara
ISBN : 9781317088905
Genre : Law
File Size : 35.27 MB
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Judicial networks have proved effective in influencing recent judicial policies enacted by both old and new EU member states. However, this influence has not been standard. This volume seeks to improve our understanding of how networks function, as well as the extent they matter in the governance of a constitutional democracy. The authors examine the judicial function of networks, the way they cross the legal and territorial borders that confine the jurisdiction of the domestic institutions, and whether or not they are independent of the capacity and the leadership of their members. A highly salient issue in contemporary law and politics, judicial networks are now qualified actors of governance. With the aim to understand how, to what extent, and with what consequences networks interact with hierarchical institutions that still exist within the States, this book is essential reading for legal experts, policy makers engaged in promoting the rule of law, members of the judicial networks in the EU and extra EU countries, as well as academics and students.
Category: Law

Law And Informal Practices

Author : Denis James Galligan
ISBN : 0199259364
Genre : Law
File Size : 42.81 MB
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Law and Informal Practices is a work in socio-legal studies, examining the functions and effectiveness of law in the countries of the former Soviet Union. As the transition away from communism enters its second decade, the countries involved are confronted by an apparent failure of law. Understanding the newly formed social order in which law is powerless is a challenge to the assumptions of western jurisprudence. The contributors to this book take up that challenge. Using the framework of contemporary theory, ten specialists in different aspects of social science analyse the status of post-communist law from a variety of perspectives. Their emphasis is on the interplay between law and social norms, informal practices, and human values. Their work contributes to several of the wider ongoing debates in socio-legal studies: on the rule of law and its role in maintaining social order; on the interaction between law and social norms, relation between legitimacy and legality; and on the relative merits of solving problems by informal means such as networking or the use of intermediaries rather than by formal, institutionalised processes. At the same time, the book is intended to meet the needs of those interested not just in law but in the post-communist region. Blending theory with case studies, each contributor focuses on a single sector, such as the political system, worker-management relations, human rights, the machinery by which law is made and implemented, or the cultural and historical background of the societies under consideration. The majority of the chapters draw directly upon the authors' own experience and empirical research.
Category: Law

Sociology Of Constitutions

Author : Alberto Febbrajo
ISBN : 9781317052920
Genre : Law
File Size : 69.16 MB
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This collection brings together some of the most influential sociologists of law to confront the challenges of current transnational constitutionalism. It shows the constitution appearing in a new light: no longer as an essential factor of unity and stabilisation but as a potential defence of pluralism and innovation. The first part of the book is devoted to the analysis of the concept of constitution, highlighting the elements that can contribute from a socio-legal perspective, to clarifying the principle meanings attributed to the constitution. The study goes on to analyse some concrete aspects of the functioning of constitutions in contemporary society. In applying Luhmann’s General Systems Theory to a comparative analysis of the concept of constitution, the work contributes to a better understanding of this traditional concept in both its institutionalised and functional aspects. Defining the constitution’s contents and functions both at the conceptual level and by taking empirical issues of particular comparative interest into account, this study will be of importance to scholars and students of sociology of law, sociology of politics and comparative public law.
Category: Law

Transitions From Education To Work In Europe

Author : Walter Müller
ISBN : 9780199252473
Genre : Political Science
File Size : 43.3 MB
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This text provides a comparative analysis of school-to-work transitions in EU member states. It shows how differences in both European education and training systems, as well as labour market institutions, generated significant variation in the experiences of young people in the 1990s.
Category: Political Science

Europe S Growth Champion

Author : Marcin Piatkowski
ISBN : 9780192506382
Genre : Business & Economics
File Size : 70.92 MB
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What makes countries rich? What makes countries poor? Europe's Growth Champion: Insights from the Economic Rise of Poland seeks to answer these questions, and many more, through a study of one of the biggest, and least heard about, economic success stories. Over the last twenty-five years Poland has transitioned from a perennially backward, poor, and peripheral country to unexpectedly join the ranks of the world's high income countries. Europe's Growth Champion is about the lessons learned from Poland's remarkable experience, the conditions that keep countries poor, and the challenges that countries need to face in order to grow. It defines a new growth model that Poland and its Eastern European peers need to adopt in order to continue to grow and catch up with their Western counterparts. Europe's Growth Champion emphasizes the importance of the fundamental sources of growth– institutions, culture, ideas, and leaders– in economic development. It argues that a shift from an extractive society, where the few rule for the benefit of the few, to an inclusive society, where many rule for the benefit of many, was the key to Poland's success. It asserts that a newly emerged inclusive society will support further convergence of Poland and the rest of Central and Eastern Europe with the West, and help to sustain the region's Golden Age. It also acknowledges the future challenges that Poland faces, and that moving to the core of the European economy will require further reforms and changes in Poland's developmental character.
Category: Business & Economics

Perils Of Judicial Self Government In Transitional Societies

Author : David Kosař
ISBN : 9781316531297
Genre : Law
File Size : 47.31 MB
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Judicial councils and other judicial self-government bodies have become a worldwide phenomenon. Democracies are increasingly turning to them to insulate the judiciary from the daily politics, enhance independence and ensure judicial accountability. This book investigates the different forms of accountability and the taxonomy of mechanisms of control to determine a best practice methodology. The author expertly provides a meticulous analysis, using over 800 case studies from the Czech and Slovak disciplinary courts from 1993 to 2010 and creates a systematic framework that can be applied to future cases.
Category: Law