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EU Values Before the Court of Justice
The European Union's values - enshrined in Article 2 TEU - have come under severe pressure in several Member States. In response, the Court of Justice has set a spectacular development in motion. With its ruling in Associação Sindical dos Juízes Portugueses it activated the Union's common values and positioned Article 2 TEU at the very heart of its jurisprudence. Turning Article 2 TEU into an operational, judicially applicable provision, the Court has begun to assess the Member States' constitutional structures against these yardsticks. Since then, the jurisprudence has evolved with remarkable speed. EU Values Before the Court of Justice provides a first comprehensive study of the judicia...
Disillusioning Modernity
The work of Niklas Luhmann is the most innovative and comprehensive attempt to describe modern society. His views, in turn, have triggered the most intensive criticism ever in social sciences. This book presents his extraordinarily complex theory in a step-by-step fashion and in a way understandable for those who are not familiar with his thought. It examines his views on politics, which, the author argues, is the best way to demonstrate the provocative character of his theory. The book not only facilitates the understanding of Luhmann's theory but is also useful for getting an insight into the methodological problems of the social sciences and the theoretical issues of modern society. Whether we agree with Luhmann or not, his thoughts on democracy, legitimacy, human rights, and the welfare state may help us understand the society we live in. The reader may consider his disillusioning findings as challenges that can contribute to the solution of the problems our society faces.
Envisioning Eastern Europe
Explorations of cultural change in the former Soviet bloc
Judicial Accountabilities in New Europe
This volume focuses on a highly challenging aspect of all European democracies, namely the issue of combining guarantees of judicial independence and mechanisms of judicial accountability. It does so by filling the gap in European scholarship between the two policy sectors of enlargement and judicial cooperation and by taking full stock of an interdisciplinary literature, spanning from comparative politics, socio-legal studies and European studies. Judicial Accountabilities in New Europe presents an insightful account of the judicial reforms adopted by new member States to embed the principle of the rule of law in their democratic institutions, along with the guidelines of quality of justice promoted by European institutions in all member States.
From Old Times to New Europe
From Old Times to New Europe considers the post-totalitarian legal framework in today's Europe, arguing that the study of totalitarianism and post-totalitarianism continues to be significant as ever. Drawing mainly on the Polish experience, this analysis focuses on the significant part played by history in the development of the region's identity and preferences concerning the role of the state in public and private life. It examines the political, socio-economic and legal aspects of key events and draws comparisons with other CEE states, whilst implementing key socio-legal theories to explain trends and strains in this post-Communist and post-totalitarian period. With the benefit of access to archival sources in Poland and Russia, this book will be of interest to students and researchers of European law, law and society and international criminal justice.
Intellectuals and Politics in Central Europe
Focusing on the role of intellectuals in the political transition of the late 1980s and early 1990s and their participation in the political life of the new democracies of Central Europe, this book presents original essays from authors who discuss the eight countries in the region.
The Modernization Imperative
This book argues that contemporary society in Western democracies is generally misunderstood to be a pyramidal hierarchy dominated either by government or the economy. Neither view is correct. We live in a fundamentally pluralistic society divided into numerous ‘modular' social systems each performing different functions; these include politics, public administration, the armed forces, law, economics, religion, education, health and the mass media. Because each is specialized, none of these systems are dominant and there is no overall hierarchy of power. Modernizing societies are therefore structured more like a mosaic than a pyramid. Modernization is the tendency for growth in the adaptive complexity and efficiency of the social systems. Growth in complexity is shaped by selection processes which maintain the functionality of social systems. The best examples are the market economy, science and democratic politics. The process of modernization is both inevitable and, on the whole, desirable: this constitutes the modernization imperative. Therefore, the proper question should not be whether society should modernize, but how.
Constitutional Democracy
Janos Kis outlines a new theory of constitutional democracy. Addresses the widely held belief that liberal democracy embodies an uneasy compromise of incompatible values: those of liberal rights on the one hand, and democratic equality on the other. Liberalism is said to compromise democracy, while democracy is said to endanger the values of liberalism.
Postliberal Constitutionalism
This book addresses recent changes in Central and Eastern Europe in order to critically consider the impact of illiberal conservatism on constitutionalism. Right-wing populism and the illiberal constitutionalism of Central and Eastern Europe have challenged both the dominant views of legal scholars and those elements of the legal mainstream that appeared to be firmly entrenched and resistant to change. But, as this book demonstrates, in practical terms, the anti-liberal right has made use of critical methods that were originally conceived as tools for use in emancipatory and left-wing action, absorbing and utilizing a great many of the ideas associated with critical jurisprudential thought. ...
The New Institutional Architecture of Eastern Europe
The book is concerned with the formation of new institutions in Eastern Europe following the events of 1989. Two comparative chapters discuss the problems of institution building arising from the communist legacy and the difficulties of a successful transition to liberal democracy. In the remainder of the book, country-specific chapters deal with the institutional characteristics of countries in the region - Yugoslavia, Czechoslovakia, Poland, Hungary, Bulgaria, Romania, Russia, East Germany. Attention is focused on constitutions, executive and parliament relations, and parties and electoral systems.
