The Struggle for Constitutional Justice in Post-Communist Europe
Bibliographic Data
| ID | 9825239 |
|---|---|
| Authors | Robert Legvold (corresponding author), Herman Schwartz (0000-0002-5571-3644) |
| Year | 2000 |
| Volume | 79 |
| Issue | 5 |
| Pages | 146 |
| Publication date | 2000-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Foreign Affairs (JOURNAL) |
| Journal identifiers | ISSN: 0015-7120 • E-ISSN: 2327-7793 |
| Publisher | JSTOR (PUBLISHER) |
| DOI | 10.2307/20049937 |
| OpenAlex | W2801011320 |
| Language | EN |
| Citations received | 49 |
In the former Eastern Bloc countries, one of the most important, and most difficult, aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book is the first to chronicle and analyze the rise of constitutional courts in this changing region. Beginning with a brief history of the courts prior to 1989, Schwartz draws on his expertise as a constitutional scholar and long-time adviser to many of these countries to compare their jurisprudence with relevant American and West European law. He then focuses in detail on the relative success stories of Poland and Hungary, where the courts faced little opposition, and the more problematic situations in Russia, Slovakia and Bulgaria, where the courts' independence and very existence were threatened by both old-line communists and new-style authoritarians. With a wealth of historical and other information, backed up by a massive array of research, the book is a remarkably rich, yet accessible, source for anyone interested in the ongoing struggles of post-Communist Europe
Communism · Development economics · Economic Justice · Economics · Political economy · Political science · Politics · Sociology · European and International Law Studies · Law
Perils of Judicial Self-Government in Transitional Societies
Prosecuting high-level corruption in Eastern Europe
Stemming the tide of illiberalism? Legal mobilization and adversarial legalism in Central and Eastern Europe
Europe as Empire
The Legitimacy of the U.S. Supreme Court in a Polarized Polity
The European Convention on Human Rights
Constitutionalism and the Presidency in the Russian Federation
Constitutional Negotiations
Friends of the Court
Judicial Behavior After a Change of Regime
Explaining dissensus on the Bulgarian constitutional court
Do constitutional courts restrict government policy? The effects of budgetary implications and bloc-politics in the Hungarian Constitutional Court's decisions between 1990 and 2018
The political determinants of judicial dissent
Accountability by Numbers
The Missing Dimension of Democracy
Constitutional Courts in Comparative Perspective
What Kind of Democracy Is Emerging in Eastern Europe
The institutionalization of relative advantage
Putin and the Politics of Law in Russia
Institutional Viability and High Courts
Media Transitions in the Rear-View Mirror
Overcoming apartheid
Populism and Support for Limiting the Power of Constitutional Courts
Performing to Type? How State Institutions Matter in East Central Europe
Confirmation Politics and The Legitimacy of the U.S. Supreme Court
Rethinking Recent Democratization
Courts and Judges in Authoritarian Regimes
The Dormancy of Parliaments
"Constrained" Constitutional Courts as Conduits for Democratic Consolidation
The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government
Defenders of Democracy? Legitimacy, Popular Acceptance, and the South African Constitutional Court
Knowing the Supreme Court? A Reconsideration of Public Ignorance of the High Court
Failing constitutionalism
When Courts Decide
Neoliberalism, Post-Communism, and the Law
After Postcommunism
Unpacking Policy Transfer, Discovering Actors
From activism to resilience
Populism, liberal democracy, and the rule of law in Central and Eastern Europe
Constrained, pragmatic pro-democratic appraising constitutional review courts in post-Soviet politics
Constructing courts after communism
Government Lawyers and Non-judicial Constitutional Review in Estonia
Provisions, practices and performances of constitutional review in democratizing East Asia
Permutations of Judicial Power
The Bulgarian Constitutional Court as an Additional Legislative Chamber
Bargaining Constitutional Design in Italy
Less Democracy, More Courts
The Relationship Between Independence and Judicial Review in Post-Communist Courts
The Power Knocks at the Courts' Back Door
| Unique citing works | 49 |
|---|---|
| Citations per year | 1,96 |
| Citation span | 2001 - 2024 (24) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 46 |