Post-Soviet Constitutions and Challenges of Regional Integration

Post-Soviet Constitutions and Challenges of Regional Integration

Author: Roman Petrov

Publisher: Routledge

ISBN: 9781317326267

Category: Law

Page: 232

View: 789

This book explores the implications of European and Eurasian integration projects for the constitutional orders of post-Soviet countries. On the one hand, the process of Eurasian integration, culminating in the establishment of the Eurasian Economic Union (EAEU), led to the creation of new institutions and mechanisms influencing the domestic legal order of the participating countries. On the other hand, the process of European integration, epitomised through the European Union (EU), constitutes an important source of reference for domestic constitutional developments in the countries which recently concluded a new generation of Association Agreements with the EU. This book analyses the implications of both processes. The book addresses the relevant experience of the countries from Central and Eastern Europe with transitional constitutionalism, mapping out the significance of European and Eurasian integration for protecting the rule of law in the post-Soviet space and identifying the constitutional implications and challenges of the EAEU and the new generation of Association Agreements. It also provides detailed country reports on national constitutional orders in the post-Soviet space and their adaptability to regional integration projects, authored by leading academics from the countries concerned, providing a number of general reflections about the evolution of post-Soviet constitutions in light of European and Eurasian integration projects.

Comparative Constitution Making

Comparative Constitution Making

Author: David Landau

Publisher: Edward Elgar Publishing

ISBN: 9781785365263

Category: Law

Page: 624

View: 887

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

The Constitution of the Russian Federation

The Constitution of the Russian Federation

Author: Jane Henderson

Publisher: Bloomsbury Publishing

ISBN: 9781847317643

Category: Law

Page: 310

View: 900

This book provides a critical and contextual understanding of the current Russian Constitution. It comprises seven chapters: an introduction followed by substantive chapters covering specific aspects of Russia's constitutional history, structure and practice: the history and nature of the constitution; an overview of the current 1993 Constitution of the Russian Federation and the background to its adoption by plebiscite; executive power, the role and accountability of the President as Head of State, and the formation and powers of the federal government; the legislature and its formation, elections and the methods for forming the two chambers (State Duma and Federation Council) of the legislature (Federal Assembly); the constitutional role of the courts, the way in which rights are defined in constitutional terms and methods for their enforcement; and finally a concluding chapter that focuses on characteristic features of Russian polity and constitutionality in the context of constitutional stability, reform and change. This is an essential work of reference for anyone who wishes to embark on studying Russian law and politics, and a reflective assessment of progress in the modern era.

Legal Convergence in the Enlarged Europe of the New Millennium

Legal Convergence in the Enlarged Europe of the New Millennium

Author: Paul Torremans

Publisher: Martinus Nijhoff Publishers

ISBN: 9041113371

Category: Political Science

Page: 378

View: 896

Three years ago the Faculty of Law and Administration of the University of Silesia and the Faculty of Law of the University of Leicester embarked on a joint research and academic co-operation programme with the support of the British Council in Warsaw. The programme resulted in the organisation of two academic conferences, one in Leicester and one in Katowice. This book is the tangible result of these conferences. The content of the book reflects the wide-ranging nature of the collaboration between the two Faculties. Environmental law, public international law, intellectual and cultural property law are the main areas that are covered, but certain issues of constitutional law, European law, social law, company law and legal education are also addressed. The main strength of this book is found in its breadth of coverage and the detailed examination of key issues such as the rights of minorities; the transboundary movement of waste in Europe and the environmental problems which it creates; the theft and illegal exportation of cultural property; and the convergence of the droit d'auteur and copyright traditions.

Comparative Constitutional History

Comparative Constitutional History

Author: Francesco Biagi

Publisher: BRILL

ISBN: 9789004435315

Category: Political Science

Page: 297

View: 827

While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume aims to address this shortcoming by bringing focus to comparative constitutional history.

Two Roads Diverge

Two Roads Diverge

Author: Christopher A. Hartwell

Publisher: Cambridge University Press

ISBN: 9781316810699

Category: Business & Economics

Page:

View: 949

The dramatic events of Maidan in February 2014 shone a spotlight on the immense problems facing Ukraine. At the same time that Ukraine was undergoing turmoil, its western neighbor Poland was celebrating twenty-five years of post-communism with a rosy economic outlook and projections of continued growth. How could two countries who shared similar linguistic, cultural, economic and political heritages diverge so wildly in economic performance in such a short span of time? The main argument of this book is that institutions, and more specifically the evolution or neglect of the particular institutions needed for a market economy, explain the economic divergence between Ukraine and Poland. This book discusses the evolution of key institutions such as property rights, trade, and the role of the executive branch of government to explain the recent relative performance of the two countries.

Czech law in historical contexts

Czech law in historical contexts

Author: Kuklík, Jan

Publisher: Charles University in Prague, Karolinum Press

ISBN: 9788024628608

Category: Law

Page: 239

View: 905

The legal system of the present-day Czech Republic would not be understood properly without sufficient knowledge of its historical roots and evolution. This book deals with the development of Czech law from its initial origins as a form of Slavic law to its current position, reflecting the influence of the legal systems of neighbouring countries and that of Roman law. The reader can see how a legal system originally based on custom developed into written and codified law. Czech law was fully dependent upon developments within the Luxemburg, Jagiellonian and, primarily, Habsburg monarchies, although some features remained autonomous. The 20th century is particularly important in the development of the Czech state and law of today, namely due to the establishment of an independent Czechoslovakia in 1918 and its split in 1992 giving rise to the independent identities of the Czech Republic and the Slovak Republic. It was a century encompassing periods of democratic as well as totalitarian regimes; political, ideological, economic and social changes stemming from such transformations were projected into, and reflected in, the system of Czechoslovak and Czech law. It can therefore serve as a “case study” for researchers interested in the transition of democratic legal systems into totalitarian regimes, and vice versa.

Comparative Federalism in the Devolution Era

Comparative Federalism in the Devolution Era

Author: Neil Colman McCabe

Publisher: Lexington Books

ISBN: 0739102761

Category: Law

Page: 376

View: 458

The decline of statism as the world's dominant ideology has ignited a fierce debate over the evolving shape and power of federalism in global society. The popular demand for devolution has shifted the locus of power from national government to smaller regional units and heralded the reconceptualization of international law away from the idea of sovereignty, toward one of jurisdiction. This timely set of essays studies the impact wrought by these centrifugal forces across Europe, Africa, and the Americas, and analyzes the latest movements for constitutional change, self-determination, and separation. Comparative Federalism in the Devolution Era offers political scientists and legal scholars a new perspective on the diverse nature and exercise of postmodern federalism, and the continuing struggle between differing views of the national-local relationship.

Struggles for Belonging

Struggles for Belonging

Author: Dieter Gosewinkel

Publisher: Oxford University Press

ISBN: 9780192585066

Category: Law

Page: 536

View: 278

Citizenship was the most important mark of political belonging in Europe in the twentieth century, while estate, religion, party, class, and nation lost political significance in the century of extremes. This is shown by examining the legal institution of citizenship, with its deciding influence on the limits of a political community, on inclusion and exclusion. Citizenship determined a person's protection, equality, and freedom and thus his or her chances in life and very survival. This book recounts the history of citizenship in Europe as the history of European statehood in the twentieth and early twenty-first centuries. It does so from three vantage points: as the development of a legal institution crucial to European constitutionalism; as a measure of an individual's opportunities for self-fulfilment ranging from freedom to totalitarian subjugation; and as a succession of alternating, often sharply divergent political regimes, considered from the perspective of their inclusivity and exclusivity, and its justification. The European history of citizenship is discussed in this book on the basis of six selected countries: Great Britain, France, Germany, Czechoslovakia, Poland, and Russia. For the first time, a joint history of citizenship in Western and Eastern Europe is told here, from the heyday of the nation state to our present day, which is marked by the crises of the European Union. It is the history of a central legal institution that significantly represents and at the same time determines struggles over migration, integration, and belonging. One of the central concerns of this book is what lessons can be learned when it comes to the future chances of European citizenship.

Civil Society, Constitution, and Legitimacy

Civil Society, Constitution, and Legitimacy

Author: Andrew Arato

Publisher: Rowman & Littlefield Publishers

ISBN: 9780742573635

Category: Philosophy

Page: 368

View: 148

Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making— one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of comparative politics, constitutional law, and East European studies.