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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Systems of Justice in Transition

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ISBN13: 9780754623175
ISBN: 0754623173
Published: March 2003
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print

Drawing upon work from contributors who are judges, governmental officials or academics, from five countries in Central Europe - the Czech Republic, Hungary, Poland, Slovakia and Slovenia, this collection provides a cohesive analysis of the emerging systems of justice in the region. The principal goal was to examine how systems of justice have adapted to post-Communist liberal democratic conditions and this is accomplished by examining three topics: the constitutional systems, styles of judicial reasoning and theories of decision-making, and the judiciary as a profession.

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The Central European systems of justice in transition - introductory remarks, Pauline Roberts and Jiri Priban. Theoretical Problems of Constitutional Justice: Constitutional courts, individual rights and the problem of judicial activism in post-Communist Central Europe, Wojciech Sadurski; Constitutional justice and retroactivity of laws in post-Communist Central Europe, Jiri Priban; Who is the main protector of fundamental rights in Hungary? - the role of the constitutional court and the ordinary courts, Gabor Halmai. Changes in Courts and Judicial Decision-Making: The judge today - a barrier to post-modern deconstruction or an industrial factory for decision-making?, Pavel Hollander; The promising gift of precedents - changes in culture and techniques of judicial decision-making in Slovenia, Marko Novak; Changes in court decision-making in Poland since 1989, Adam Zielinski; Judicial independence and its environment in Hungary, Zoltan Fleck; At the crossroads on the way to an independent Slovak judiciary, Alexander Brostl. History and Politics of the Judiciary: Position of judges in the Czech Republic, Eliska Wagnerova; The judiciary in Slovenia - a profession in the ascendancy, Albin Iglicar; Social and political context of the transformation process in the Hungarian system of justice, Laszlo Boros; The judiciary and its transition in Slovakia after 1989, Pavol Roharik.