The Central European constitutional democracies were created by the political and constitutional transition of 1989. However, twenty years later, in the light of antidemocratic, authoritarian and intolerant tendencies, it is far from clear whether the negotiated revolution is a story of success or failure. This paper first outlines the constitutional background of revolutionary transition. It shows that the achieved structures and rules do not prevent political communities from realizing the full promise of democracy. Second, this analysis attempts to explore how the century-old historical circumstances, the social environment, and the commonly failed practice of constitutional institutions interact. This section focuses on the constitutional features of presidential aspirations, the privileges of churches and certain ethnic tensions. Finally, the paper argues that the chances of success of liberal democracies depend significantly on extraconstitutional factors. It seems that Hungary is in a more depressing and dangerous period of its history than for example Poland. |
Search result: 9 articles
Year 2011 xArticle |
NATIONAL SPACE LEGISLATION - THE WORK OF THE LEGAL SUBCOMMITTEE OF UNCOPUOS 2008-2011 |
Journal | International Institute of Space Law, Issue 2 2011 |
Authors | Prof.Dr. Irmgard Marboe |
Author's information |
Article |
From Uneasy Compromises to Democratic PartnershipThe Prospects of Central European Constitutionalism |
Journal | European Journal of Law Reform, Issue 1 2011 |
Keywords | Central Europe, parliamentarism, freedom of religion, Roma people, discrimination |
Authors | Gábor Attila Tóth |
AbstractAuthor's information |
Article |
Methods and Materials in Constitutional LawSome Thoughts on Access to Government Information as a Problem for Constitutional Theory and Socio-Legal Studies |
Journal | European Journal of Law Reform, Issue 1 2011 |
Keywords | Citizenship, democracy, government information, representative government, secrecy |
Authors | Barry Sullivan |
AbstractAuthor's information |
To be subject to law, Hobbes argued, is to be deprived of liberty, as we understand it. In this respect, democratic governments are no different from others. Hobbes’s insight has not caused us to abandon our commitments to democracy, but it still challenges us to think hard about the nature of representative government, the nature of citizenship in a democratic society, and the conditions necessary for fulfilling the promise of democratic citizenship. Two recent trends are evident. Some citizens have embraced a more active sense of citizenship, which necessarily entails a more insistent need for information, while governments have insisted on the need for greater concentration of governmental power and a higher degree of secrecy. Much is to be learned from the approaches that various national and transnational regimes have taken with respect to this problem. This essay will consider the problem of access to government information from a comparative perspective and as a problem for constitutional theory and socio-legal studies. |
Article |
The Combination of Negative with Positive Constitutionalism in EuropeThe Quest of a ‘Just Distance’ between Citizens and the Public Power |
Journal | European Journal of Law Reform, Issue 1 2011 |
Keywords | democracy, constitutionalism, totalitarism, fundamental rights, judicial review |
Authors | Cesare Pinelli |
AbstractAuthor's information |
The article is focused on European constitutionalism as resulting from the transformations following the experiences of totalitarian states. The notion of democracy was then significantly re-shaped, to the extent that democratic devices (federalism and sometimes referendum) were introduced with a view to balance the excesses of a purely representative democracy. The recognition of social rights and of human dignity reacted against totalitarism and, on other hand, against the individualistic notion of rights affecting the XIX century’s constitutionalism. Constitutional review of legislation was introduced, thus overriding the myth of parliamentary sovereignty, particularly the idea of parliament as the sole authority capable of granting fundamental rights. |
Article |
Comparative Aspects on ConstitutionsTheory and Practice |
Journal | European Journal of Law Reform, Issue 1 2011 |
Keywords | Constitutions, EU legal order, EU member states, EU enlargement |
Authors | Alfred E. Kellermann |
AbstractAuthor's information |
This paper will investigate for the influence of international legal developments on the drafting and implementation of constitutions, especially the impact of the European Union on the texts of the national constitutions of the EU Member States and its acceding countries. |
Article |
The European Law from Grundnorm towards the CathedralConstitutional Features of a Complex Legal System |
Journal | European Journal of Law Reform, Issue 1 2011 |
Keywords | economic analysis of legal remedies, state liability for breach of the EU law, judicial dialogue in the EU, self-referring legal rules, efficiency of the EU law |
Authors | Mariusz Jerzy Golecki |
AbstractAuthor's information |
Many hopes of the adherents of constitutional reform in the EU remained in vain after the enactment of the Lisbon Treaty. Meanwhile the creeping constitutionalisation of the EU law leads to the empowerment of the UE quasi constitutional court – the Court of Justice of the European Union. This kind of constitutionalism is albeit firmly grounded on judicial cross-border cooperation. The main purpose of this paper is to address the question of whether and how the concept of judicial control based on transactional framework developed in law and economics could effectively supplement if not substitute the notion of constitutional democratic legitimacy. In order to demonstrate that it is logically possible and institutionally feasible to build a system based on circularity, self-referentiality and privatization of legal remedies, the paper contains the economic analysis of the recent development of the EU law which at least partially takes this direction. |
Article |
Judicial ActivismUsurpation of Parliament’s and Executive’s Legislative Functions, or a Quest for Justice and Social Transformation |
Journal | European Journal of Law Reform, Issue 2 2011 |
Keywords | judicial activism, separation of powers, constitutional interpretation |
Authors | Reyneck Matemba |
AbstractAuthor's information |
This article examines the concept of judicial activism in relation to the courts’ role of interpreting legislation, particularly focusing on the courts’ function of interpreting the Constitution. It specifically examines modes of constitutional interpretation obtaining in RSA and Nigeria, by focusing on selected judicial decisions by superior courts in the two countries. It also examines constitutional provisions governing the interpretation of the Constitution (Bill of Rights) and legislation as provided for in the Constitution of RSA and that of Nigeria. It also makes a comparative examination of judicial approaches to the interpretation of socio-economic rights enshrined in the Constitution of each of the two countries, specifically focusing on the rights to health and housing.The article observes that the concept of judicial activism is a necessary tool for attaining justice and achieving social transformation. |
Article |
Instructions to Draft LegislationA Study on the Legislative Drafting Process in Malaysia |
Journal | European Journal of Law Reform, Issue 2 2011 |
Keywords | legislative drafting process, role of instructing officer and drafter |
Authors | Rozmizan Muhamad |
AbstractAuthor's information |
The importance of legislation is beyond any dispute. Legislation governed us perhaps even before our birth, certainly during our life and until our death. Even after our death there is still the Estate Duty Act to worry about, although of course the burden passes on to our executors or administrators. But day after day, many more new laws have been proposed and many existing laws have been revised and amended for various reasons and motives. The need for legislation has never diminished but continues to increase. Governments need legislation to govern, by which they achieve their political objectives and public policies. In other words, legislation is needed to affect changes in the law, to interfere with vested rights and interests, and to impose taxes, duties, excise and imposts. Such need originates from one or more of a great many sources such as a commission of inquiry, politicians, a particular pressure group or the public as a whole and also a reaction to social situations which seemingly develop independently or deliberately |
Article |
International Trade Law Reform in AfricaA Call for Action |
Journal | European Journal of Law Reform, Issue 3-4 2011 |
Authors | Luca G. Castellani |
AbstractAuthor's information |
Africa is a major source of commodities and other natural resources. However, such wealth has not yet led to economic development or to increased living standards. On the contrary, Africa remains underdeveloped while other regions of the world enjoy significant, if not spectacular, success. Between 1970 and 2008, the pro-capita income of African energy-exporting countries has increased 72%, while that of African Least Developed Countries has decreased 13%, and that of remaining African countries has increased 31%; in the same period of time, the increase in pro-capita income for South Asian and East Asian low income countries has been, respectively, 236% and 223%, and that of China a staggering 1,531%. |