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.