Legal Reform in Post-Communist Europe: The View from Within

Front Cover
Stanisław Frankowski, Paul B. Stephan III
Martinus Nijhoff Publishers, 1995 - Law - 483 pages
This book represents an effort to assess the unprecedented political, economic, and social reforms that have swept through Central and Eastern Europe in the five years since the collapse of Communism. The dismantling of the Warsaw Pact, the Council for Mutual Economic Assistance, the Communist Party apparatus, and the various manifestations of the nomenklatura' political control system have meant different things in different countries, but throughout the region we have witnessed a struggle to replace an authoritarian, one-party political system and a command economy with something resembling Western-style constitutional democracy and market economics. Accompanying this struggle have been attempts to transform the legal structure of these countries. It is no exaggeration to claim that lawyers, and particularly legal scholars, have played a central role in the struggle for reform in post-communist Europe. As conceived by its principal organizer and editor (Stanislaw Frankowski), this study gives these scholars an opportunity to express their perceptions of the success achieved to date and the work still remaining. A secondary goal is to expose a Western audience to the views and insights of legal scholars who have worked within the Central and Eastern European traditions. The four parts of this book reflect the principal areas in which legal reform seemed essential. First comes the reconstitutionalization of the societies in question, which means above all else the elimination of single-party politics and the notion of unity of powers. Then comes the creation of the legal institutions that would make possible a civil society under law. Then the institutions that moderate and control theuses of state power to discipline and punish persons that have transgressed the society's norms. Finally there is the question of how law reform had dealt with industrial democracy and the anticipated transformation of the workplace.
 

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Contents

Stanislaw Frankowski Paul Stephan Foreword
1
Mark F Brzezinski Leszek Garlicki Polish Constitutional Law
21
Lucian Mihai Constitutional Law of Romania
51
Igor Grazin A New Old Constitution for Estonia
71
Lubor Cibulka Constitutional Law of the Slovak Republic
95
Savitsky Judicial Protection of Personal Rights in Russia
117
Evgeni Tanchev Historical and Psychological Sources Shaping
141
Part TwoCivil and Commercial
163
Part ThreeCriminal Justice
233
Tiberiu Dianu The Romanian Criminal Justice System
257
Andrzej Wasek Stanislaw Frankowski Polish Criminal
275
Ekaterina Trendafilova Criminal Procedure in Bulgaria
309
Alexander S Mikhlin The Law of Corrections in Russia
331
Zbigniew Holda The Law of Corrections in Poland
351
Part FourLabor and Social Security
369
Copyright

Flavius A Baias Romanian Civil and Commercial Law
211

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