Suchergebnisse

Preliminary Material /G. Skapska -- Introduction: The Objectives Of This Book /G. Skapska -- Prologue: Between "Civil Society" And "Europe": Round Tables In East Central Europe As Political And Legal Events /G. Skapska -- I. A Constitution As A Theory Of Society /G. Skapska -- II. Stalinist Constitutionalism /G. Skapska -- III. In Search Of A New Semantics: Discursive Resources Of Postcommunist Constitutionalism /G. Skapska -- IV. Settling Accounts With The Past And The Dilemmas Of The Law-Governed State /G. Skapska -- V. Dividing The Cake: The Constitutionalization Of Economic Order /G. Skapska -- Summing Up: Thirteen Theses On Postcommunist Constitutionalism /G. Skapska -- Appendix One. Election Particpation In Eastern Europe /G. Skapska -- Appendix Two. Satisfaction With Democracy In Eastern Europe /G. Skapska -- Appendix Three. Satisfaction With The Actually Realized Model Of Democracy In Particular Countries /G. Skapska -- Appendix Four. Comparison Of Evaluations Of Democracy And Market Economy In Action In Particular Countries /G. Skapska -- Bibliography /G. Skapska -- Index /G. Skapska.

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.

This paper debates abusive constitutionalism and constitutionalism abused as ways to introduce a fundamental change of political system. Abusive constitutionalism consists in a change of a democratic regime in a less democratic one with the help of democratic means, i.e. democratically legitimized change of the existing constitution, or proclamation of a new constitution, as it recently happened in Hungary. An example of abused constitutionalism presents contemporary Poland. There the fundamental change of democratic regime happens notwithstanding the still binding constitution, as in an oblivion of it, by the means of ordinary laws proclaimed in a rush process by the ruling parliamentary majority. The whole process is steered in an informal way by the chairman of the ruling party. The important context of abusive constitutionalism, and of constitutionalism abused, as I am going to argue, presentst he crisis of liberal constitutionalism, the loss of its motivational force as a moral sign-post in the public sphere. Instead, one observes a retreat to some primordial and emotionally laden conceptualizations of a politically organized community (a Gemeinschaft) where emotions, primary bonds, foundational myths are more important than law and liberal constitution. Such a retreat results from the past but also presents a reaction to the growing complexity of the contemporary world, and involved risks.

This paper debates abusive constitutionalism and constitutionalism abused as ways to introduce a fundamental change of political system. Abusive constitutionalism consists in a change of a democratic regime in a less democratic one with the help of democratic means, i.e. democratically legitimized change of the existing constitution, or proclamation of a new constitution, as it recently happened in Hungary. An example of abused constitutionalism presents contemporary Poland. There the fundamental change of democratic regime happens notwithstanding the still binding constitution, as in an oblivion of it, by the means of ordinary laws proclaimed in a rush process by the ruling parliamentary majority. The whole process is steered in an informal way by the chairman of the ruling party. The important context of abusive constitutionalism, and of constitutionalism abused, as I am going to argue, presentst he crisis of liberal constitutionalism, the loss of its motivational force as a moral sign-post in the public sphere. Instead, one observes a retreat to some primordial and emotionally laden conceptualizations of a politically organized community (a Gemeinschaft) where emotions, primary bonds, foundational myths are more important than law and liberal constitution. Such a retreat results from the past but also presents a reaction to the growing complexity of the contemporary world, and involved risks.

FROM "LEGAL REVOLUTION" TO COUNTERREVOLUTION. CRISIS OF LIBERAL-DEMOCRATIC CONSTITUTIONALISM IN POLANDThis paper debates the crisis of the rule of law and liberal constitutionalism with regard to processes and events in Poland after the parliamentary elections in 2015. Iwill shortly debate the previous events in Hungary — amodel for actions undertaken in Poland. In the first part this paper debates on the concept of "legal revolutions" which took place in the East Central Europe in 1989. They succeed in the institutionalization of the rule of law and liberal-democratic constitutionalism. The second part of the paper presents the swift, ruthless and brutal destruction of the rule of law. In the third part the "flood" of legal regulations, especially in the domains of economic transactions is shortly presented, and the part four debates cultural contexts of the current counterrevolutions. Here axiological foundations of liberal-democratic constitutionalism and the rule of law are discussed, and the issues of legal hypocrisy and legal nihilism in the context of Eastern European Syndrome are presented.

The proceedings of the Institute's July 2001 international congress in Krakow, Poland, reflect an interest in reviving morality and ethics to combat the decadent social philosophies of postmodernism and deconstructionism. The 21 papers discuss the moral fabric in contemporary societies, trust in contemporary societies, eastern Europe after Communis

The proceedings of the Institute's July 2001 international congress in Krakow, Poland, reflect an interest in reviving morality and ethics to combat the decadent social philosophies of postmodernism and deconstructionism. The 21 papers discuss the moral fabric in contemporary societies, trust in contemporary societies, eastern Europe after Communis.

Socio-legal studies in the environment of legal pluralism; Socio-legal scholars as public intellectuals; The "unexpected" career of functionalism during communism; In search of new concepts and methods: socio-legal studies after the collapse of communism; Concluding remarks.

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