Rethinking the Rule of Law after Communism
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 Head of Department of Law
and Professor of Philosophy of Law and Legal Theory
at the European University Institute in Florence. He
is also Professor of Legal Philosophy at the University
of Sydney, where he holds the Personal Chair in Legal
Philosophy.
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.
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, Grazyna
Skapska; 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, Jirí Pribán; Corruption,
Anti-Corruption Sentiments and the Rule of Law, Ivan
Krastev; Central Europe's Second Constitutional
Transition: The Prospects of EU Membership, Neil
Walker; Index
"The contributors are all well-respected legal
scholars representing a variety of methodological and
theoretical approaches... The contributors capitalize
on their deep knowledge of the countries about which
they write.
Without exception the essays contained in the volume
are worth reading. Well-written and thoroughly researched,
they represent important contributions to the literature
on transitional justice." - Slavic Review
2005
388 pages
ISBN 978-963-7326-21-9 cloth $51.95 / €39.95 / £26.95
ISBN 978-963-7326-22-9 paperback $24.95 / €19.95 / £13.95
|
