Rethinking The Rule Of Law After Communism

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Rethinking The Rule Of Law After Communism

Author : Adam Czarnota
ISBN : 9789637326226
Genre : Law
File Size : 58.76 MB
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"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.
Category: Law

Post Communist Restitution And The Rule Of Law

Author : Csongor Kuti
ISBN : 9639776408
Genre : Law
File Size : 80.61 MB
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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.
Category: Law

Central And Eastern Europe After Transition

Author : Wojciech Sadurski
ISBN : 9781317168997
Genre : Law
File Size : 70.71 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

Relocating The Rule Of Law

Author : Gianluigi Palombella
ISBN : 9781847314727
Genre : Law
File Size : 66.42 MB
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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.
Category: Law

The Impact Of European Institutions On The Rule Of Law And Democracy

Author : Matej Avbelj
ISBN : 9781509915040
Genre : Law
File Size : 88.47 MB
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Since 2010 the European Union has been plagued by crises of democracy and the rule of law, which have been spreading from Central and Eastern Europe (CEE), catching many by surprise. This book argues that the professed success of the 2004 big bang enlargement mirrored the Potemkin villages erected in the new Member States on their accession to Europe. Slovenia is a prime example. Since its independence and throughout the accession process, Slovenia has been portrayed as the poster child of the 'New Europe'. This book claims that the widely shared narrative of the Slovenian EU dream is a myth. In many ways, Slovenia has fared even worse than its contemporary, constitutionally-backsliding, CEE counterparts. The book's discussion of the depth and breadth of the democratic crises in Slovenia should contribute to a critical intellectual awakening and better comprehension of the real causes of the present crises across the other CEE Member States, which threaten the viability of the EU and Council of Europe projects. It is only on the basis of this improved understanding that the crises can be appropriately addressed at national, transnational and supranational levels.
Category: Law

Who S Who In Australia 2008

Author :
ISBN : STANFORD:36105129027350
Genre : Australia
File Size : 80.35 MB
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A biographic reference to notable people in Australia. Entrants are drawn from all areas of Australian life, including the arts, politics, education, medicine, defence, business, diplomatic service, and recipients of honours and awards.
Category: Australia

Eui Review

Author :
ISBN : IND:30000111345314
Genre : European Union countries
File Size : 61.11 MB
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Category: European Union countries

Constitutional Topography

Author : András Sajó
ISBN : STANFORD:36105134518112
Genre : Law
File Size : 73.79 MB
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This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing on particular problems, including the impact and indirect consequences of contestation over values in the judicial arena.
Category: Law

The Unhomely

Author : Okwui Enwezor
ISBN : UOM:39015068819898
Genre : Art
File Size : 52.3 MB
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Published in conjunction with the SecondInternational Biennial of Contemporary Art of Seville (Biacs 2), The Unhomely: Phantom Scenes in Global Society functions as more than simply a catalog for the exhibition. The book features essays by Judith Butler, Okwui Enwezor, Martin Heidegger, Thomas Keenan, Achilles Mbembe, Retort, Alberto Ruiz de Samaniego, Terry Smith, and Ruti Teitel, as well as featuring images from the artwork of the ninety-one artists featured in the biennial. Focusing on the contemporary confluence of aesthetics and politics, The Unhomely: Phantom Scenes in Global Society is concerned with the complexities of intimacy, proximity, antagonism, and renews the call for neighborliness in the present condition. Edited by Okwui Enwezor, Artistic Director of Biacs 2.
Category: Art

Open Constitutional Courts

Author : Patrick Keyzer
ISBN : STANFORD:36105134527147
Genre : Law
File Size : 33.71 MB
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Sometimes a group is rich enough and philanthropic enough to fund a constitutional challenge to a piece of legislation. GetUp's victory in the High Court of Australia in August 2010 is an example - and as a result nearly 60,000 Australians were enfranchised to vote in the general election later that month.Often, however, a challenger doesn't have a wealthy backer and takes a huge risk in mounting the action. Would the Commonwealth cede standing? Would it waive its costs if the challenger lost?Patrick Keyzer's book is a powerful argument the constitututional justice requires the removal of this political, lottery element from a legitimate constitutional challenge. The private law paradigm of litigation, he says, is inappropriate in constitutional cases.Keyzer argues that an application for the judicial review of legislative action should be characterised as an exercise of political free speech, and that the rules governing standing and costs are incompatible with that freedom and should be abolished in constitutional cases.He demonstrates that the constitutional guarantee of judicial review gives rise to a right to know whether a law is constitutionally valid, providing a further rationale for open access. Such open access would supply our constitutional courts with a wider normative horizon, and lend legitimacy to judicial review and its outcomes.
Category: Law


Author : Larry Diamond
ISBN : STANFORD:36105124143343
Genre : Political Science
File Size : 56.1 MB
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Since its inception, the Journal of Democracy has served as the premier venue for scholarship on democratization. The newest volume in the acclaimed Journal of Democracy book series, Democracy: A Reader brings together the seminal works that have appeared in its pages in nearly twenty years of publication. Democracy is in retreat around the world, giving renewed relevance and urgency to fundamental questions about the system that nevertheless remains the ideal standard of governance. Contributors ask: What exactly is democracy, and what sustains it? What institutions are best suited to a democratic system? Can elections produce undemocratic outcomes? Is democracy a universal value? Democracy: A Reader addresses these important concerns with critical discussions on delegative democracy, social capital, constitutional design, federalism, hybrid regimes, competitive authoritarianism, and more. With such influential contributors as Francis Fukuyama, Robert Putnam, His Holiness the Dalai Lama, and Anwar Ibrahim, this is an indispensable resource for students of democracy and instructors at the undergraduate and graduate levels. Contributors: Michael E. Alvarez, Nancy Bermeo, Russell Bova, José Antonio Cheibub, Larry Diamond, Jørgen Elklit, Abdou Filali-Ansary, M. Steven Fish, Francis Fukuyama, His Holiness the Dalai Lama, Donald L. Horowitz, Anwar Ibrahim, Terry Lynn Karl, Steven Levitsky, Arend Lijphart, Fernando Limongi, Vali Nasr, Guillermo O'Donnell, Marc F. Plattner, Adam Przeworski, Robert D. Putnam, Andrew Reynolds, Giovanni Sartori, Andreas Schedler, Philippe C. Schmitter, Amartya Sen, Alfred Stepan, Palle Svensson, Nicolas van de Walle, Lucan A. Way
Category: Political Science


Author :
ISBN : UCSC:32106018486198
Genre : Academic libraries
File Size : 27.37 MB
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Category: Academic libraries

Constructing Democracy In Transitioning Societies Of Africa

Author : Susanna D. Wing
ISBN : UOM:39015076168395
Genre : History
File Size : 56.76 MB
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This book explores the process by which constitutions and democratic institutions are constructed. Wing focuses on how innovative constitutional dialogues involving participation, negotiation, and recognition of groups previously excluded from political decision-making may be the key to a legitimate constitution.
Category: History

Ethnic Politics After Communism

Author : Zoltan Barany
ISBN : 0801472768
Genre : History
File Size : 32.49 MB
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The Soviet Union encompassed dozens of nationalities and ethnicities and, in the wake of its collapse, the politics of the area have undergone enormous change. The articles in this book examine various facets of ethnicity in postcommunist Europe and Eurasia.
Category: History

Rethinking The Space For Religion

Author : Krzysztof Stala
ISBN : 9789187121852
Genre : Political Science
File Size : 63.80 MB
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What happens to people's sense of belonging when globalisation meets with proclaimed regional identities resting heavily on conceptions of religion and ethnicity? Who are the actors stressing cultural heritage and authenticity as tools for self-understanding? In this book the authors aim at a broad discussion on how history and religion are made part of the production of narratives about origin and belonging in contemporary Europe. The contributors offer localised studies where actors with strong agendas indicate the complex relations between history, religion, and identity. The case studies exemplify how public intellectuals and academics have taken active part in the construction of recent and traditional pasts. Instead of repeating the simplistic explanation as a "return of religion", the authors of this volume focus on public platforms and agents, and their use of religion as a political and cultural argument. The approach makes a nuanced and fresh survey for researchers and other initiated readers to engage in.
Category: Political Science

Rethinking The Pacific

Author : Gerald Segal
ISBN : UOM:39015017000830
Genre : Pacific Area
File Size : 60.24 MB
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Parts of the Pacific region are of increasing importance for international security and prosperity. But in this, the first study of the trends in the international relations of the region, Segal demonstrates that the pacific never has been, and gives no indication of becoming, a coherent region. In fact, the vital developments taking place in the region are best understood in the context of global trends. The study provides historical perspective to the idea of the Pacific, and then analyzes the fundamental trends in politics, ideology, culture, security, and economic affairs.
Category: Pacific Area

An Introduction To Law And Social Theory

Author : Reza Banakar
ISBN : STANFORD:36105060710337
Genre : Law
File Size : 54.72 MB
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Although most law schools recognise the value of introducing students to a broader sociological perspective on law, this usually falls short of a full engagement with sociology as an academic discipline. This book introduces a wide range of sociological traditions, and how they can be used in investigating law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, structural functionalism and systems theory, critical approaches, interpretive approaches, postmodernism, and pluralism and globalisation, and a conclusion that discusses the relationship between law and sociology. Each of the chapters is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. CONTENTS: Introduction (Reza Banakar and Max Travers) 1. CLASSICAL SOCIOLOGY AND LAW: The Problematization of Law in Classical Social Theory (Alan Hunt); Sociological Jurisprudence (Reza Banakar) 2. STRUCTURAL FUNCTIONALISM AND SYSTEMS THEORY: The Thick Description of Law: An Introduction to Niklas Luhmann's Theory (Klaus A. Ziegert); Jurgen Habermas and the Sociology of Law (Bo Carlsson) 3. CRITICAL APPROACHES: Marxism and the Social Theory of Law (Robert Fine); Sharing the Paradigms? CLS and the Sociology of Law (Jiri Priban), Feminist Legal Theory (Ruth Fletcher); A Race and Gendered Organisational Logic in Law Firms (Jennifer Pierce); Putting Gender and Sexuality on the Agenda (Nico J Beger); The Power of the Legal Field (Mikael R. Madsen and Yves Dezalay) 4. INTERPRETIVE APPROACHES: Symbolic Interactionism and Law (Max Travers); Ethnomethodology and Law (Robert Dingwall) 5. POSTMODERNISM: Foucault and Law (Gary Wickham); Postmodernism and Common Law (Shaun McVeigh) 6. LEGAL PLURALISM (Anne Griffiths); Globalistion and Law (John Flood); Comparative Sociology of Law (David Nelken) CONCLUSIONS: Law and Sociology (Reza Banakar and Max Travers).
Category: Law