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Vol 21 No 11 Nov/Dec 2016

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Out of and into Authoritarian Law

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ISBN13: 9789041119575
ISBN: 9041119574
Published: November 2002
Publisher: Brill Academic Publishers
Format: Hardback
Price: £141.00



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The essays in this collection reflect on the promises, hopes and fears dominant in the narratives on and realities of doing away with authoritarian regimes. The experiences of post-communist transition are matched with accounts on authoritarian traits present in established constitutional democracies and on authoritarian inclusions preserved in the new regimes in the post-transition phase. The essays combine first-hand insider accounts with interdisciplinary scholarly analysis. The first part of the collection focuses on considerations marking the way out of authoritarian - not restricted to socialist - regimes. The second part centres around experiences and problems which surface following the days of totalitarianism, both in newly emerged democracies and in well-established constitutional systems. Issues covered range from police practices to the role of the ""people"" in post-authoritarian regimes. The dilemma transparent in all essays is whether ""coming out"" of authoritarianism is possible at all.

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Contents:
Erosion and Decline of the Rule of Law in Post-Communism - An Introduction, A. Sajo.
Part 1 Out of Authoritarianism: Transitional Justice as Liberal Narrative, R. Teitel; Hungarian Criminal Court Cases Cocerning the (Retribution of the) 1956 Revolution, K. Morvai; Truth and Reconciliation in South Africa - The Third Way, A. Boraine; Justice without Punishment: Guaranteeing Human Rights in Transitional Societies, P. van Zyl; Constitutional Democracy or How to Prevent the Rule of the People, N. Dimitrijevic; The Democratic Limits to Authoritarianism in Democracy (When the State Knows Better What is Good for the People), L.L. Garlicki; The Making of the Hungarian Constitution, G. Halmai.
Part 2 Into Authoritarian Law: The Inherent Authoritarianism in Democratic Regimes, R.H. Pildes; Police Power for a New Century? Constitutional Traps and Constitutional Options Regarding Some Authoritarian Trends in Police Law, S. Baer; Losing Track of Democracy: Post-Totalitarian Policing in Hungary; I. Szikinger; Public Administration and the Tendency to Authoritarianism, D.J. Galligan; On Post-Fascism - How citizenship is Becoming an Exclusive Privilege, G.M. Tamas; The Quality of Civility: Post-Anti-Communist Thoughts on Civil Society and the Rule of Law, M. Krygier; The Unmaking of Hungarian Constitutionalism?, G. Halmai; The Republic of Belarus - The Road from the Past to the Past, A. Vashkevich.