Rethinking the Rule of Law after Communism

ISBN: 
978-963-7326-21-9
cloth
$51.95 / €39.95 / £26.95
ISBN: 
978-963-7326-22-9
paperback
$27.95 / €24.95 / £22.99
Publication date: 
2005
388 pages

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. 

Editors’ Introduction
Part One: Constitutionalism
1. Wojciech Sadurski, (European University Institute, Florence, ‘Transitional Constitutionalism: simple and fancy theories.’
2. Kim Lane Scheppele, (University of Pennsylvania), ‘Democracy by Judiciary’
3. Cindy Skach, (Harvard University) ‘Rethinking Judicial Review: Shaping the Toleration of Difference?
4. Venelin I. Ganev, (Miami University, Ohio/Hoover Institution, Stanford University) ‘Foxes, Hedgehogs and Learning: Notes on the Past and Future Dilemmas of Postcommunism Constitutionalism’
5. Vello Pettai (Tartu), ‘Democratic Norm Building and Constitutional Discourse Formation: Experience from the Constitutional Review Chamber of Estonia’
Part Two: Dealing with the Past
6. Adam Czarnota, (University of New South Wales), ‘Dealing with the past after communism: between restitutive and retributive justice’
7. Luc Huyse, (Catholic University, Leuven), ‘Transitional Justice in Belgium, France and the Netherlands after World War II. Innovations, transgressions and lessons to be learnt.’
8. Claus Offe, Ulrike Poppe, (Humboldt University, Berlin), ‘Transitional Justice in the German Democratic Republic’
9. Hubert Rottleuthner, Matthias Mahlmann, (Free University, Berlin), ‘Models of Transition – Old Theories and Recent Developments’
10. Grażyna Skąpska, Jagiellonian University Kraków/Wissenschaftskolleg zu Berlin), ‘Restitutive Justice, Rule of Law, and Constitutional Dilemmas’
11. Renata Uitz, (CEU) ‘How Far Does Transitional Justice Stretch? Judicial review for dealing with the past in democratic transition’
Part three: Rule of Law
12. Martin Krygier, (University of New South Wales) ‘Rethinking the Rule of Law after Communism’
13. Ruti Teitel, (New York Law School), ‘Transitional Rule of Law’
14. Jiří Přibáň, (Charles University, Prague/Cardiff Law School), ‘Constitutional Symbolism and Political (Dis)continuity: Legal Rationality and Its Integrative Function in Post-communist Transformations’
15. Ivan Krastev, (Center for Liberal Studies, Sofia), ‘Corruption, Anti-Corruption Sentiments and the Rule of Law’
16. Neil Walker, (European University Institute, Florence), ‘Central Europe’s Second Constitutional Transition: The Prospects of EU Membership’

"The contributors are all well-respected legal scholars representing a variety of methodological and theoretical approaches... The contributors capitalize on their deep knowledge of the countries about which they write. Without exception the essays contained in the volume are worth reading. Well-written and thoroughly researched, they represent important contributions to the literature on transitional justice."