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From 'Civil Society' to 'Europe'
In East Central Europe, constitutionalism comprises an effort by postcommunist societies to consolidate around certain values, principles, and rules that would facilitate the formation of a new political architecture as well as a new political identity for their countries. Based primarily on the experience of Poland - in comparison with other East Central European countries - this book debates the specific features of postcommunist constitutionalism. The result is a theory of reflexive constitutionalism (informed by the sociological theory of reflexive modernization) which assesses critically the intellectual resources as well as the consolidating potential of the classic foundations of liberal democracy within the reality of postcommunist transformation.
Russian Society and the Orthodox Church
Russian Society and the Orthodox Church examines the Russian Orthodox Church's social and political role and its relationship to civil society in post-Communist Russia. It shows how Orthodox prelates, clergy and laity have shaped Russians' attitudes towards religious and ideological pluralism, which in turn have influenced the ways in which Russians understand civil society, including those of its features - pluralism and freedom of conscience - that are essential for a functioning democracy. It shows how the official church, including the Moscow Patriarchate, has impeded the development of civil society, while on the other hand the non-official church, including nonconformist clergy and lay activists, has promoted concepts central to civil society.
Constitutionalism under Stress
Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the work of eminent constitutional scholar Wojciech Sadurski. The book examines the current decline of liberal democracies and populist challenges to the rule of law in the region - events that Sadurski predicted early on in his writings about Jörg Haider affair in Austria and the introduction of Article 7 TEU by the Amsterdam Treaty. Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.
Economic, Social & Cultural Rights in Practice
South Africa is increasingly an attractive place for international investment. Investing in South Africa provides readers with an overview of the investment environment in South Africa, and information on investment opportunities, developments, and foreign direct investment incentives offered by the Department of Trade and Industry (the DTI). It also outlines the support that the DTI offers new investors in South Africa. Through the New Partnership for Africa's Development (NEPAD), priority areas have been identified for Africa--one of which is the development of the private sector as a means to stimulate growth. An important element for investors in South Africa is that it is a gateway to the rest of Africa. Already many South African companies have learned many lessons in tackling the challenges of these markets. This provides a unique opportunity for international firms to draw on their lessons and experience.
The Future of Liberal Revolution
Since 1989, the Cold War has ended, new nations have emerged in Eastern Europe, and revolutionary struggles to establish liberal ideals have been waged against repressive governments throughout the world. Will the promise of liberalism be realized? What can liberals do to make the most of their opportunities and construct enduring forms of political order? In this important and timely book, a leading political theorist discusses the possibility of liberal democracy in Western and Eastern Europe and offers practical suggestions for its realization. Bruce Ackerman begins by sketching the challenges faced a Western Europe free for the first time in half a century to determine its own fate witho...
Rights Before Courts
This is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
Constitutional Crises and Regionalism
This informative book analyses regional constitutional crises, where a large portion of residents no longer believe that the rule of law, as defined by central institutions, governs them. Laying out a framework for effective governance in divided societies, Vito Breda argues that peace and collaboration are linked to managing shared beliefs through constitutional law.
Rule of Law
Partial proceedings of the 17th World Congress of the International Association of Legal and Social Philosophy, held in Bologna, June 16-21, 1995.
