Download PDF by Radoslav Prochazka: Mission Accomplished: On Founding Constitutional
By Radoslav Prochazka
Creation half I; bankruptcy 1 Transition connotations; bankruptcy 2 state specific felony traditions; half II bankruptcy three Variances in ways on jurisprudence of the courts; bankruptcy four Judicial functionality: studying the structure and the legislations; bibliography.
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Extra info for Mission Accomplished: On Founding Constitutional Adjudication in Central Europe
Even less did those constraints require a particular concept of constitutional review. In this chapter, I discuss the context in which the regionÕs constitutional judiciaries were built. I explore on a country-by-country basis what roles were assigned to the respective constitutional courts, and why. My account focuses on three sets of variables: (i) legal culture, documenting the historical development of local notions of law and government; (ii) the contextualisation of legal culture by the political economy of transition; and (iii) the distribution within the polities of transitional leadership roles (Figure 3).
The entire region arrived at the door of the club at more or less the same time but each party insisted it was not Ôwith the groupÕ. Here the issue of institutional similarity, particularly with regard to constitutional review, creates a puzzle. Neither the Western paradigm nor the European federation perspective has exhibited so rigorous a normative structure as to require a specific institutional design, for example, rendering incorporation of constitutional review a political imperative, a sine qua non of integration.
Even though constitutional review has come to be seen as an important, if not necessary, feature of any posttotalitarian regime aspiring to be ruled by law, it has never become sufficient to legitimise a system lacking acceptance by international organizations run under the auspices of Western governments. The process of the internationalisation of both law and politics served to infuse specific concepts into national discourses. It is indeed the notion of norm transmission by means of dialogue and interaction that helps us to understand the readiness of some of the Central European establishments to open themselves to concepts requiring a shift of emphasis in their understanding of legality, legitimacy, statehood, or civil society even before the Berlin Wall came down.
Mission Accomplished: On Founding Constitutional Adjudication in Central Europe by Radoslav Prochazka