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This first time in paperback is the best comprehensive examination of the development of constitutionalism in Poland. In particular, this book examines Poland's long-term constitutional history, the adoption of a new constitutional framework after 1989, and the establishment of structures and procedures designed to institutionalize enduring respect for constitutional rules and principles. Notwithstanding continuing challenges in Poland, the groundwork for constitutionalism based on notions of limited government and reflective of European constitutional norms has emerged from the collapse of the communist system of power.
This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume’s ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author’s conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.
A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
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.
Leading experts examine the threats posed by populism to human rights and the international systems and explore how to confront them.
The Arab Spring uprising of 2011 is portrayed as a dawn of democracy in the region. But the revolutionaries were—and saw themselves as—heirs to a centuries-long struggle for just government and the rule of law. In Justice Interrupted we see the complex lineage of political idealism, reform, and violence that informs today’s Middle East.
Poland has carried out two peaceful revolutions in the span of one generation: first, the self-limiting movement of Solidarity, which undermined the legitimacy of Communism and then a negotiated transfer of power from Communism to free market democracy. Today, while Poland is seen as a success story and is joining political and economic associations in the democratic West, Poles themselves seem downcast. They ask: is social anomie a price worth paying for a successful transformation? In making moral compromises with an outgoing tyranny, can one avoid cynicism and disappointment with democracy? Zbigniew Brzezinski, professor of American Foreign Policy at Johns Hopkins University has called Polish Transformation "a work that provides a comprehensive as well as incisive overview of the extraordinary difficult and historically unprecedented process of transforming an increasingly corrupt and decayed totalitarian system into a modern democracy." John Lenczowski, director of the Institute of World Politics, adds that "this extremely useful volume explains the essential elements of the post-communist political transition in Poland. Its authors convey...the cultural and ideological underpinnings that can be captured only by authorities who have developed over a lifetime that special sixth sense for detecting the elusive and unquantifiable soul of a country." Radek Sikorski, the executive director of the New Atlantic Initiative at the American Enterprise Institute, writes that "we should be grateful to the authors and editors of this thoughtful volume for asking questions which remain relevant for that uncomfortably large part of humanity that still lives under totalitarian or authoritarian regimes." Marek Jan Chodakiewicz holds the Kosciuszko chair in Polish Studies at the Miller Center of Public Affairs at the University of Virginia. He is the author of After the Holocaust: Polish-Jewish Conflict in the Wake of World War II and Between Nazis and Soviets: A Case Study of Occupation Politics in Politics, 1939-1947. John Radzilowski is author and editor of numerous works ranging from Polish to East European history. Darius Tolczyk is associate professor of Slavic Languages at the University of Virginia. He is the author of See No Evil: Literary Cover-Ups and Discoveries of the Soviet Camp Experience.
Constitutionalism under Stress reflects on comparative constitutionalism in Central and Eastern Europe through the lens of leading legal scholar Professor Wojciech Sadurski, whose writings have anticipated and scrutinized the current decline of liberal democracies and populist challenges to the rule of law in the region.Sadurski's work has chronicled the transition from concern for the most basic of human rights under authoritarian rule to the challenges of democratic governance. The compelling rights discourse of an earlier period gave way to claims of abuse of majoritarian prerogatives as the hopes of liberal democracy encountered the power of illiberalism. The theoretical responses offered for the preservation of liberal democracy, in light of the current turbulence regarding the rule of law in the region, produces a far reaching and effective reference tool on matters of constitutional capture and illiberal democracy.
While a number of books document Polish social and political history, few works comprehensively chronicle Poland's long-term constitutional history, and even fewer analyze Poland's contemporary struggle to establish a constitutional democracy. This book, by examining the recent development of constitutionalism in Poland in the light of her deeper constitutional heritage, addresses both areas.
The history of nations is a history of haves and have-nots, and as we approach the millennium, the gap between rich and poor countries is widening. In this engrossing and important new work, eminent historian David Landes explores the complex, fascinating and often startling causes of the wealth and poverty of nations. The answers are found not only in the large forces at work in economies: geography, religion, the broad swings of politics, but also in the small surprising details. In Europe, the invention of spectacles doubled the working life of skilled craftsmen, and played a prominent role in the creation of articulated machines, and in China, the failure to adopt the clock fundamentally hindered economic development. The relief of poverty is vital to the survival of us all. As David Landes brilliantly shows, the key to future success lies in understanding the lessons the past has to teach us - lessons uniquely imparted in this groundbreaking and vital book which exemplifies narrative history at its best.