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Vol 23 No 5 May/June 2018

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The Rule of Law After Communism

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ISBN13: 9781840140057
ISBN: 1840140054
Published: April 1999
Publisher: Routledge
Format: Hardback
Price: £98.99

The text begins by presenting general considerations on the rule of law after communism, and then moves its focus inward to consider more particular problems. Part one of the book involves the exploration of the concept of the rule of law itself and the second part considers its most explicitly developed application: constitutionalism. The third part looks into some of the moral dilemmas that are opened up when an attempt is made to adapt law to confront an often distasteful past - not all traces of which have passed. In the fourth part of the book the distinctive problems of crime in post-communist societies is examined, and part five deals with some international implications and ambitions stimulated by the collapse of communism and its aftermath.

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Part 1 The rule of law: legal cultures and the rule of law, Philip Selznick; positivist or non-positivist rule of law? Polish experience of a general dilemma, Lech Morawski; rules of law - the complexity of legality in Hungary, Antal Orkeny and Kim Scheppele; institutional optimism, cultural pessimism and the rule of law, Martin Krygier.
Part 2 Constitutionalism: traditional elements in the constitutions of Central and East European democracies, Peter Paczolay; the paradigm of constitutionalism (the Hungarian experience), Vilmos Sos; paradigm lost? the constitutional process in Poland and the hope of a ograss roots constitutionalismo, Grazyna Skapska; rights and freedoms under the new Polish constitution, Wojciech Sadurski.
Part 3 Dealing with the past: can we do justice to the past?, Adam Czarnota and Piotr Hofmanski; lustration and decommunisation - ethical and theoretical debates, Andrzej Kaniowski; lustration or the Czech way of screening, Jirina Siklova.
Part 4 Crime: is revolution a solution? state crime in communist and post-communist Poland (1980-1995), Maria Los and Andrzej Zybertowicz; social transformation and crime - a crisis of deregulation, Susanne Karstedt.
Part 5 The international dimension: the collapse of totalitarian regimes in Eastern Europe and the international rule of law, Dencho Georgiev.