Limits to Democratic Constitutionalism in Central and Eastern Europe

ISBN-13: 9781409419839 / Angielski / Twarda / 2011 / 184 str.

Bogusia Puchalska

Opis

In this book, Bogusia Puchalska develops an original theory of democratic constitutionalism and uses it to support the argument that constitution-making and law-making in constitutional moments should be politically, and not just constitutionally, legitimate. In doing so she expertly assesses the potential implications of the prospects of democratic consolidation and constitutionalism in Poland after 1989 and asks whether it is likely to be applicable to other transition countries such as Hungary, Czech Republic and Slovakia. This original and informative book should be read by all curious to understand how the democratic learning and the foundations of grass-root constitutionalism might have been damaged in post-communist countries.

Recenzje

'An important contribution to understanding the relationship between constitutionalism and democracy in the context of post-communist transitions. Puchalska’s passionate plea for "democratic constitutionalism" is supported by an admirably rigorous, clear and very competent analysis of the constitutional transition in Poland, and in Central/Eastern Europe more generally.' Wojciech Sadurski, The University of Sydney, Australia 'Central and Eastern European constitutionalism scholars deal with a phenomenon of profound and multidimensional change. This book offers a novel and profound analysis of the post 1989 development of constitutionalism in Poland as an example of such a change. It provides us not only with a fascinating account of events that presented a background of the new constitutionalism development but it makes a most valuable contribution to the theory of constitutionalism.' Grazyna Skapska, Jagiellonian University, Kraków, Poland 'It is not only a book for lawyers but one for scholars and students of democratization, area studies, law and society, modern history, and European studies... Clearly written and well structured, this book also benefits from objectives that are explicitly outlined and from effective signposting at the outset of each chapter. Owing to its clear argumentation and genuine democratic stance, it is a welcome contribution to modern constitutionalism.' Slavic Review

Spis treści

Abbreviations; Acknowledgments; Introduction; Chapter 1 Democratic Constitutionalism in Context of Transitional Politics; Chapter 2 Constitutional Moments and Constituent Power in Poland’s Recent Political History; Chapter 3 Democratic Constitutionalism in Poland After 1989: External Influences; Chapter 4 Constitutional Tribunals in Central and Eastern Europe: Guardians of Democratic Constitutionalism?; Chapter 5 Conclusions;

O autorze

Bogusia Puchalska is Senior Lecturer at the University of Central Lancashire, UK