Suchergebnisse

This study begins with an examination of the secular institutional transformation of East Germany's local government since the early 1990s following the collapse of the communist regime & during the process of German unification. In its spectacular mix of institutional demolition & reconstruction this transformation bore many traces of what Joseph Schumpeter has called 'creative destruction.' The article addresses the 'performance' of the newly created political & administrative structures of local government a decade after transformation. It argues that the performance of East Germany's institutions & actors has attained the 'normalcy' of West German administrative practice remarkably rapidly. Finally, East Germany's institutional development is considered within a comparative perspective, focusing on other Central & East European countries, particularly Poland & Hungary. 5 Tables. Adapted from the source document.

The tradition of legalism continues to influence German politics, generating a corollary propensity toward judicial resolutions of political disputes. Appeal to the Federal Constitutional Court, established after World War II, has been used increasingly as a weapon of political opposition. Despite self-restraint vis-a-vis the political authorities, the Court has sometimes construed basic rights expansively as 'participatory' rights to positive government action. Recently it has been criticized for conservatism & a tendency to restrict future legislative discretion. While the 'politicalization of justice' resulting from the judicialization of politics could reduce respect for the Court's authority, it could also foster a healthier relationship between politics & the law. Modified HA.

German politics are still influenced by the tradition of legalism. Constitutional provisions often serve as criteria of political argument, and constitutional principles (e.g. the 'social state') and basic rights may be portrayed as programmatic 'commandments' justifying specific political demands. The corollary is a propensity towards judicial, and thus 'authoritative', solutions to political disputes. The post-war establishment of the Federal Constitutional Court with comprehensive constitutional jurisdiction and easy access for the political actors has subjected major political issues to legal adjudication. Increasingly appeal to the Court has become a weapon of opposition, resorted to by the Christian Democrats to challenge such measures as the Basic Treaty with East Germany and the Abortion Reform. Despite general self-restraint vis-à-vis the political authorities, the Court has sometimes construed basic rights expansively as 'participatory' rights to positive government action. Recently it has been criticised for 'conservatism' and a tendency to restrict future legislative discretion. The 'politicization of justice', emerging from the judicialization of politics, could affect respect for the Court as authoritative arbiter. But it may foster a healthier relationship between politics and the law.