Importing the Law in Post-communist Transitions: The Hungarian Constitutional Court and the Right to Human Dignity
This book, one of the very first monographs on the Hungarian Constitutional Court available in English, is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe. It shows that the genesis of the new legal order was determined by massive Western involvement and an unprecedented movement of export/import of law. Anchored in a detailed comparative study of German and Hungarian constitutional case law on human dignity, this book argues that law importation was a deliberate strategy carried out by the Hungarian Court in the early years of its operation. It explains how the circumstances of the transition and the background of the importers determined the choice of German case law as a model and how the Court used it to construct its own version of the right to human dignity. It highlights the Hungarian Court's instrumentalization of imported law in order to lay the foundations of a new conception of fundamental rights. While focusing on the Hungarian experience, this book engages with international debates and provides an original theoretical framework for approaching the movement of law from the importers' perspective.
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IMPORTING WESTERN LAW
New Constitutions After Communism
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Importing the Law in Post-Communist Transitions: The Hungarian ...
Limited preview - 2003
1989 Constitution abortion amended arguably aspects BVerfGE capital punishment Central and Eastern chapter communism communist constitution Comparative Law constitutional case law Constitutional Court Ann constitutional judges Constitutional Judiciary Council of Europe Court Ann Arbor Czech Republic death penalty democratic developed Eastern Europe European Constitutional foreign law free fulfilment freedom of action fundamental rights G Brunner eds German Basic Law German case law German Constitutional Court German Court German law human dignity Human Rights Hungarian case law Hungarian Constitutional Court Hungarian Court Hungarian People's Republic ideology imported law individual institutions issue judicial Laszlo Solyom law importation legal system legal transplants liberal democracies Michigan Press modern constitutions organisations parliament particular personality right phrase political post-communist constitutions post-communist countries post-communist transitions private sphere protection public prosecutors regime Republic of Hungary right to human right to self-determination rule of law socialist Solyom and G tion unconstitutional University Press West