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Rethinking the Rule of Law after Communism

Editors: Adam Czarnota, Martin Krygier, Wojciech Sadurski
: Central European University Press, 2005
pp: 388
ISBN: 9789637326226
Price: €24.95

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.


Table of Contents

Editors' Introduction

Part I: Constitutionalism

Transitional Constitutionalism: Simple and Fancy Theories, Wojciech Sadurski
Democracy by Judiciary, Kim Lane Scheppele
Rethinking Judicial Review: Shaping the Toleration of Difference? Cindy Skach
Foxes, Hedgehogs, and Learning: Notes on the Past and Future Dilemmas of Postcommunist Constitutionalism, Venelin I. Ganev
Democratic Norm Building and Constitutional Discourse Formation: Experience from the Constitutional Review Chamber of Estonia, Vello Partai

Part II: Dealing with the Past

Dealing with the Past after Communism: Between Restitutive and Retributive Justice, Adam Czarnota
Transitional Justice in the German Democratic Republic, Clause Offe and Ulrike Poppe
Models of Transition: Old Theories and Recent Developments, Hubert Rottleuthner and Matthias Mahlmann
Restitutive Justice, Rule of Law, and Constitutional Dilemmas, Grażyna Skąpska
How Far Does Transitional Justice Stretch? Judicial review for Dealing with the Past in Democratic Transition, Renata Uitz

Part III: Rule of Law

Rethinking the Rule of Law after Communism, Martin Krygier
Transitional Rule of Law, Ruti Teitel
Constitutional Symbolism and Political (Dis)continuity: Legal Rationality and its Integrative Function in Post-Communist Transformations, Jiří Přibáň
Corruption, Anti-Corruption Sentiments and the Rule of Law, Ivan Krastev
Central Europe's Second Constitutional Transition: The Prospects of EU Membership, Neil Walker


About the Editors

Adam Czarnota is Professor of Philosophy and Sociology of Law at the University of New South Wales. He is also co-director of the European Law Center.
Martin Krygier is Professor of Law and co-director of the European Law Center at the University of New South Wales.
Wojciech Sadurski is Challis Professor in Jurisprudence. He also holds a position of Professor in the Centre for Europe in the University of Warsaw, and was visiting professor (in 2010, 2011 and 2012) at the University of Trento, Italy and in Cardozo Law School in New York. In 2013/2014 he is Straus Fellow and Global Visiting Professor of Law at New York University Law School.


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