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| Author | : |
| Publisher | : |
| Total Pages | : 355 |
| Release | : 2000 |
| Genre | : Administrative responsibility |
| ISBN | : |
| Author | : Lavinia Stan |
| Publisher | : Cambridge University Press |
| Total Pages | : 357 |
| Release | : 2015-02-26 |
| Genre | : Law |
| ISBN | : 1107065569 |
Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.
| Author | : Herman Schwartz |
| Publisher | : University of Chicago Press |
| Total Pages | : 368 |
| Release | : 2000 |
| Genre | : History |
| ISBN | : 0226741966 |
In the former Eastern Bloc countries, one of the most difficult and important aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book, backed with rich historical detail and a massive array of research, is the first to chronicle and analyze the rise and troubles of constitutional courts in this changing region. "Those who are interested in understanding the behavior of constitutional courts in transitional regimes cannot afford to ignore this important book. . . . [It] is fecund with hypotheses of interest to political scientists, and we are indebted to Professor Schwartz for his comprehensive analysis."—James L. Gibson, Law and Politics Book Review
| Author | : Lavinia Stan |
| Publisher | : Routledge |
| Total Pages | : 372 |
| Release | : 2009-01-13 |
| Genre | : Law |
| ISBN | : 113597098X |
During the last two decades, the countries of Eastern Europe and the former Soviet Union have attempted to address the numerous human rights abuses that characterized the decades of communist rule. This book examines the main processes of transitional justice that permitted societies in those countries to come to terms with their recent past. It explores lustration, the banning of communist officials and secret political police officers and informers from post-communist politic, ordinary citizens’ access to the remaining archives compiled on them by the communist secret police, as well as trials and court proceedings launched against former communist officials and secret agents for their human rights trespasses. Individual chapters explore the progress of transitional justice in Germany, the Czech Republic, Slovakia, Poland, Hungary, Romania, Bulgaria, Albania, Slovenia and the successor states of the former Soviet Union. The chapters explain why different countries have employed different models to come to terms with their communist past; assess each country’s relative successes and failures; and probe the efficacy of country-specific legislation to attain the transitional justice goals for which it was developed. The book draws together the country cases into a comprehensive comparative analysis of the determinants of post-communist transitional justice, that will be relevant not only to scholars of post-communist transition, but also to anyone interested in transitional justice in other contexts.
| Author | : Lucian Turcescu |
| Publisher | : Springer Nature |
| Total Pages | : 290 |
| Release | : 2021-08-24 |
| Genre | : Political Science |
| ISBN | : 3030560635 |
This book is the first to systematically examine the connection between religion and transitional justice in post-communism. There are four main goals motivating this book: 1) to explain how civil society (groups such as religious denominations) contribute to transitional justice efforts to address and redress past dictatorial repression; 2) to ascertain the impact of state-led reckoning programs on religious communities and their members; 3) to renew the focus on the factors that determine the adoption (or rejection) of efforts to reckon with past human rights abuses in post-communism; and 4) to examine the limitations of enacting specific transitional justice methods, programs and practices in post-communist Central and Eastern Europe and the Former Soviet Union countries, whose democratization has differed in terms of its nature and pace. Various churches and their relationship with the communist states are covered in the following countries: Germany, Poland, the Czech Republic, Slovakia, Romania, Albania, Bulgaria, Estonia, Latvia, Lithuania, Russia and Belarus.
| Author | : Liviu Damşa |
| Publisher | : Springer |
| Total Pages | : 325 |
| Release | : 2017-01-03 |
| Genre | : Law |
| ISBN | : 331948530X |
This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.
| Author | : Wojciech Sadurski |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 404 |
| Release | : 2005-02-21 |
| Genre | : Education |
| ISBN | : 9781402030062 |
Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world
| Author | : Martin Krygier |
| Publisher | : Routledge |
| Total Pages | : 520 |
| Release | : 2017-10-23 |
| Genre | : Law |
| ISBN | : 1351540726 |
This book is among the first books to consider post-communist Europe from the point of view of the rule of law. This book collects articles written by specialists on the rule of law in particular countries. Interdisciplinary in approach, this book reveals the multi-layered complexity of the development of the rule of law after communism.
| Author | : Lavinia Stan |
| Publisher | : Cambridge University Press |
| Total Pages | : 311 |
| Release | : 2013 |
| Genre | : History |
| ISBN | : 1107020530 |
This is the first volume to overview the complex Romanian transitional justice effort, detail the political negotiations that have led to the adoption and implementation of relevant legislation, and assess these processes in terms of their timing, sequencing, and impact on democratization.
| Author | : Frances Millard |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 273 |
| Release | : 2021-01-14 |
| Genre | : History |
| ISBN | : 0755601351 |
In this study of the mechanisms of transitional justice in Poland, Frances Millard asks: How does society come to terms with its past? How should it punish the perpetrators of oppression and acknowledge its victims? In the former communist countries of Central and Eastern Europe the task of answering these questions came down to the need to eliminate the communist parties' hold over the state, the economy and society in order to move towards democracy. Millard argues that the key step in achieving this was uncovering the truth about the previous regime's past, prosecuting the perpetrators of past crimes and providing compensation and restitution for its victims. Through the specific case of Poland, Millard provides a comprehensive assessment of the mechanisms and institutions used to achieve this, such as lustration, law enforcement through a Constitutional Tribunal and institutions dedicated to dealing with the past such as the Institute of National Remembrance. Crucially, these processes have assumed new significance in recent years after the Law and Justice Party came to power in 2015, using transitional justice as a tool of political control which has enabled the restructuring of Polish democracy.
