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Jacek Kurczewski synthesizes empirical evidence and theoretical analysis of the transition to democracy and the rule of law to demonstrate the resurrection of rights in Poland. He raises the question of whether the Polish experience was unique, or if it was merely a manifestation of the common problems affecting most Eastern European societies in the last quarter of the twentieth century. From a detailed analysis of day-to-day rule-making to the study of internal democracy within Solidarity, the author makes a compelling case for the role of deep-rooted social values and the rise of a middle class in bringing about the transformation of Polish society.
This book provides a groundbreaking analysis of democratization in Poland by placing Solidarity in the context of the major democratic upheavals of modernity: the French and American Revolutions. This study undertakes the first full historical comparison of the Polish movement with the ideals and institutions of democracy achieved in the last three centuries.
During two decades encompassing three epochal events - the collapse of European communism in 1989, NATO membership in 1999, and accession to the European Union in 2004 - the legal system of Poland has emerged with remarkable maturity and stability. In an exemplary blend of its democratic heritage from the era between the World Wars, proven effective legislation from the communist era, and the vibrant 1997 Constitution, Polish law dramatically reflects new social, economic and political realities. With eleven lucid chapters written by fifteen academic experts from the Warsaw University School of Law and Administration, each in his or her respective field of law, this deeply informed but succinct and practical volume is the ideal starting point for research whenever a question of Polish law arises. The authors clearly explain the legal concepts, customs and rules surrounding such essential elements as the following:principles and practices of constitutional law;administrative law and procedure;civil procedure;courts and special judicial bodies;judicial review;enforcement of foreign judgments;family, succession and inheritance matters;formation and conduct of corporations and partnerships;contract formation, interpretation and termination; environmental protection;harmonizing Polish economic law with EU standards; competition law and regulatory framework of market processes; special regulation of energy, telecommunications and financial markets; copyrights, patents, utility models and industrial designs; licence agreements;the labour relationship and types of employment contracts; andcriminal law and procedure. Each chapter includes its own detailed bibliography. English-speaking legal practitioners and academics have here an ideal introduction to the basic institutions, principles and rules of Polish law. Encompassing all the major fields of legal practice, Introduction to Polish Law provides an essential understanding of the Polish legal system, so that users can become familiar with law and legal processes in Poland and pursue further research on specific Polish legal matters. Practitioners will find it of great value for both counselling and courtroom use.
Ever-changing election rules, a highly fluid party system, a constitution considered illegitimate by more than one major political actor, polarized political elites, and a system of corruption that has grown up together with the young democracy itself -these characterize contemporary Polish politics. At the same time Poland is frequently identified as the most successful example of a transition from communism to capitalism, having led this series of world-changing transitions. It has distanced itself from a turbulent history as pawn in Eastern Europe's international politics to become a leading candidate for membership in the exclusive European Union club. As Polish democratic politics evolves it is taking unexpected forms and producing equally unexpected results. Through a comprehensive analysis of politics in this young European democracy, Marjorie Castle and Ray Taras explain the complexity and uncertainty of political processes and outcomes in Poland. Poland'spast -the flawed Second Republic established after World War I, as well as the imperfect independence in the Soviet shadow following World War II's devastation - dramatizes the unique historic opportunity it was given in 1989 to determine its own political future and perhaps eventually become a major European power. Choices made in 1989 and thereafter would not only construct a new democracy but shape and limit its possibilities. The primary focus here is on contemporary politics: what the fundamental political cleavages are, whether parties adequately represent popular interests, who the political elites are and what games they play, whatinfluence the Catholic Church still holds in an aspiring Western-style secular republic, and what policy challenges face Poland in the future. Inimitable political leaders, changing political arenas, and complexpolicy-making processes come to life through a fascinating narrative characterized by an insider's insight.
First published in 1999, this volume is a series of essays on the countries of Central Europe. The essays explore the post-1989 establishment of the rule of law and civil society. It brings together analysis and perceptions from social scientists, political scientists and lawyers, seeking through particular issues to explore the similarities and differences between different countries. While other books have explored the changes in former Soviet Block countries since 1989, the book’s distinctiveness lies in three qualities: its concentration on Central Europe a concept explored in the book; giving fuller attention to the Czech Republic and Slovakia than other post-communist studies often do; providing perceptions of scholars from different disciplines.
Poland is a tenacious survivor-state: it was wiped off the map in 1795, resurrected after the First World War, apparently annihilated again in the Second World War, and reduced to satellite status of the Soviet Union after 1945. Yet it emerged in the vanguard of resistance to the USSR in the 1980s, albeit as a much more homogeneous entity than it had been in its multi-ethnic past. This book outlines Poland's turbulent and complex history, from its medieval Christian origins to the reassertion of that Christian and European heritage after forty-five years of communism. It describes Poland's transformation since 1989, and explains how Poland navigated its way into a new Commonwealth of Nations in the European Union. Recent years have witnessed significant changes within Poland, Eastern Europe and the wider world. This new edition reflects on these changes, and examines the current issues facing a Poland which some would accuse of being out of touch with 'European values'.
From Old Times to New Europe considers the post-totalitarian legal framework in today's Europe, arguing that the study of totalitarianism and post-totalitarianism continues to be significant as ever. Drawing mainly on the Polish experience, this analysis focuses on the significant part played by history in the development of the region's identity and preferences concerning the role of the state in public and private life. It examines the political, socio-economic and legal aspects of key events and draws comparisons with other CEE states, whilst implementing key socio-legal theories to explain trends and strains in this post-Communist and post-totalitarian period. With the benefit of access to archival sources in Poland and Russia, this book will be of interest to students and researchers of European law, law and society and international criminal justice.
This concise study provides an overview of Poland's historical development, and explores her social, economic and foreign policies.
Theorizing Transition provides a comprehensive examination of the economic, political, social and cultural transformations in post-Communist countries and an important critique of transition theory and policy. The authors create the basis of a theoretical understanding of transition in terms of a political economy of capitalist development. The diversity of forms and complexities of transition are examined through a wide range of examples from post-Soviet countries and comparative studies from countries such as Vietnam and China. Theorizing Transition challenges many of the comfortable assumptions unleashed by the euphoria of democratisation and the triumphalism of market capitalism in the early 1990s and shows transition to be much more complex than mainstream theory suggests.