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How do transitional democracies deal with officials who have been tainted by complicity with prior governments? Should they be excluded or should they be incorporated into the new system? In Lustration and Transitional Justice, Roman David examines major institutional innovations that developed in Central Europe following the collapse of communist regimes. While the Czech Republic approved a lustration (vetting) law based on the traditional method of dismissals, Hungary and Poland devised alternative models that granted their tainted officials a second chance in exchange for truth. David classifies personnel systems as exclusive, inclusive, and reconciliatory; they are based on dismissal, exposure, and confession, respectively, and they represent three major classes of transitional justice. David argues that in addition to their immediate purposes, personnel systems carry symbolic meanings that help explain their origin and shape their effects. In their effort to purify public life, personnel systems send different ideological messages that affect trust in government and the social standing of former adversaries. Exclusive systems may establish trust at the expense of reconciliation, while inclusive and reconciliatory systems may promote both trust and reconciliation. In spite of its importance, the topic of inherited personnel has received only limited attention in research on transitional justice and democratization. Lustration and Transitional Justice is the first attempt to fill this gap. Combining insights from cultural sociology and political psychology with the analysis of original experiments, historical surveys, parliamentary debates, and interviews, the book shows how perceptions of tainted personnel affected the origin of lustration systems and how dismissal, exposure, and confession affected trust in government, reconciliation, and collective memory.
This is the first comprehensive study of the transition to democracy in Eastern Europe which includes the processes in party-formation, political culture-building, institution-building and economic transformation, and to differentiate between areas and countries. East and southeastern Europe are included as well as the Republics of the former Soviet Union. The theories of transformation to democracy developed in former transitions, such as 1919, 1945 and the 1970s are tested in the case of Eastern Europe. In many areas the picture developed by the author is not very optimistic. He feels that 'Anocracy', a mixture between democracy and authoritarian regimes, is likely to develop in many countries.
Seminar paper from the year 2003 in the subject Politics - Political Theory and the History of Ideas Journal, grade: A-, Central European University Budapest (Dep. of Political Science), 17 entries in the bibliography, language: English, abstract: Based on the Hungarian and Polish cases of negotiated transition to democracy in 1989/90 this essay looks into the philosophical concept of democracy pursued by the main protagonists.
This book considers whether the potential of democracy following the end of the Cold War was diminished by technocratic, judicial control of politics in the new democracies of Central and Eastern Europe. It explores the complexities and drawbacks of modern constitutionalism by offering a comprehensive theoretical and comparative-empirical assessment of the status and role of constitutionalism in five new EU Member States. The democratization of countries in Central and Eastern Europe has been guarded by constitutions and constitutional courts. This book examines the implications of powerful courts and rigid constitutions for the democratic engagement of citizens and the political authority of politicians. Using an interdisciplinary and comparative approach, the book analyses the historical emergence of powerful constitutional institutions in the Czech Republic, Hungary, Poland, Romania and Slovakia. The author argues that the democratic promise of 1989 largely lost out to a technocratic and top-down view of judicial control of politics – a state of affairs reinforced by EU accession. The current backlash in countries such as Hungary and Romania indicates that the realization of democratization to the extent initially expected might be ever more remote in some new democracies. New Democracies in Crisis? will be of interest to students and scholars of European Union politics, democratization studies, European constitutionalism, socio-legal studies, governance and comparative politics.
Describes the decisions of the most innovative of the new constitutional courts in post Soviet Central Europe
This book seeks to inject fresh thinking into the debate on democratic deterioration in Central and Eastern Europe (CEE), viewing 'democratic backsliding' through the prism of a range of cases beyond Hungary and Poland, to redress the imbalance in current scholarship. Over the past decade a consensus has emerged that democracy in CEE is sharply deteriorating, perhaps even 'backsliding' into new forms of authoritarianism. Debate has, however, so far focused disproportionately on the two most dramatic and surprising cases: Hungary and Poland. This book reflects on the 'backsliding' debate through the experience of CEE countries such as the Czech Republic, Bulgaria, Latvia, and Estonia; as well as neighbouring post-communist regions such as the Western Balkans and former Soviet Union (cases such as Moldova and Ukraine), whose patterns of failing or partial democratisation may be newly instructive for analysing the development of CEE. Contributors present less frequently considered perspectives on 'democratic backsliding' in the CEE region, such as the role of oligarchisation and wealth concentration; the potential of ethnographical approaches to democracy evaluation; the trade-offs between democratic quality and democratic stability; and the long-term interplay between social movements, state-building, and democratisation. This book was originally published as a special issue of East European Politics. equently considered perspectives on 'democratic backsliding' in the CEE region, such as the role of oligarchisation and wealth concentration; the potential of ethnographical approaches to democracy evaluation; the trade-offs between democratic quality and democratic stability; and the long-term interplay between social movements, state-building, and democratisation. This book was originally published as a special issue of East European Politics.
Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.
This book is a collection of contributions by leading scholars on theoretical and contemporary problems of militant democracy. The term 'militant democracy' was first coined in 1937. In a militant democracy preventive measures are aimed, at least in practice, at restricting people who would openly contest and challenge democratic institutions and fundamental preconditions of democracy like secularism - even though such persons act within the existing limits of, and rely on the rights offered by, democracy. In the shadow of the current wars on terrorism, which can also involve rights restrictions, the overlapping though distinct problem of militant democracy seems to be lost, notwithstanding its importance for emerging and established democracies. This volume will be of particular significance outside the German-speaking world, since the bulk of the relevant literature on militant democracy is in the German language. The book is of interest to academics in the field of law, political studies and constitutionalism.