Rethinking the rule of law after Communism
Title: Rethinking the rule of law after Communism
Publisher: Central European University Press
Citation: Budapest : Central European University Press, 2005
Surveys and contributes to the 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. In this book eminent scholars explore the issue of transitional justice.
Table of Contents:
-- Transitional constitutionalism : simplistic and fancy theories -- Democracy by judiciary -- Rethinking judicial review : shaping the toleration of difference? -- Foxes, hedgehogs, and learning : notes on the past and future dilemmas of postcommunist constitutionalism -- Democratic norm building and constitutional discourse formation : experience from the Constitutional Review Chamber of Estonia -- Between nemesis and justitia : dealing with the past as a constitutional process -- Transitional justice in Belgium, France, and the Netherlands after World War II : innovations, transgressions, and lessons to be learned -- Transitional justice after the breakdown of the German Democratic Republic -- Models of transition -- old theories and recent developments -- Restitutive justice, rule of law, and constitutional dilemmas / -- How far does transitional justice stretch? : judicial review for a dealing with the past in democratic transition -- Rethinking the rule of law after communism -- Transitional rule of law -- Constitutional symbolism and political (dis)continuity : Legal rationality and its integrative function in postcommunist transformations -- Corruption, anti-corruption sentiments, and the rule of law / Ivan Krastev --Central Europe's second constitutional transition : the EU accession phase
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