Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued that courts have assumed too much power after the democratic transformation process in 1989/1990. These claims are explicitly or implicitly connected to the charge that courts have constrained the room for manoeuvre of the legislatures too heavily and that they have entered the field of politics. Nevertheless, the question to what extent has this aggregation of power constrained the dominant political actors has never been examined accurately and systematically in the literature. The present volume fills this gap by applying an innovative research methodology to quantify the impact and effect of court's decisions on legislation and legislators, and measure the strength of judicial decisions in six CEE countries.

This book explores the adaptation of the constitutions of Central & Eastern Europe (CEE) for membership in the European Union.

The face of Central and Eastern Europe has been dramatically transformed since the collapse of communism. The region faces new challenges, including the needs to find a balance between effective leadership and accountability and to reverse the economic decline of the late communist years. Addressing these concerns and others, Developments in Central and East European Politics 4 brings together specially commissioned chapters by leading scholars from both sides of the Atlantic. The chapters, all of which are new to this edition, focus on key features of the political systems that have emerged following the transition to postcommunist rule and the enlargement of the European Union through 2006. Full attention is given to the pattern of events in individual nations, but the main emphasis is on the framework of politics across the region--constitutions, leadership, parliaments, parties, and electoral systems--and the process of politics, as it is revealed in political participation, civil society, economic change, and the quality of democratic government within and beyond the region. Clearly written and well supported with references and suggestions for further reading, Developments in Central and East European Politics 4 is the ideal guide to the process of change in a group of states that were formerly modeled on the Soviet Union but are now a distinctive and varied presence within a continent that has been redefining its boundaries, its values, its economic systems, and its international allegiances. Contributors. Judy Batt, Dirk Berg-Schlosser, Sarah Birch, Heather Grabbe, Tim Haughton, Krzysztof Jasiewicz, Petr Kopecký, Paul G. Lewis, Frances Millard, Cas Mudde, D. Mario Nuti, Mark Pittaway, Ray Taras, Stephen White, Andrew Wilson, Kataryna Wolczuk

The contributions to this edited volume discuss constitutional politics in 20 Central and Eastern European countries. The country chapters describe all constitutional amendments and new constitutions after the first post-communist constitution-making, all failed amendment attempts, and the political discourses about constitutional politics. Framed by a broad comparative chapter, the country studies are embedded in the established literature on constitutional politics. The book thus provides a better understanding of constitutional politics in the region and beyond.

Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world

Following the constitutional and political reforms in Central and Eastern Europe of the last decade, the time has now come for the whole-scale reform of public administration and the creation of a professional civil service. What is needed is a clear sense of the objectives to be achieved by the administration; and the provision of adequate resources to perform the tasks of public administration. In addition, and perhaps most importantly of all, there must be a sound legal basis for public administration. Recognizing these realities, this book examines administrative law and administrative institutions in Central and Eastern Europe. In a series of case studies, discussing each country in the region in turn, it looks at the ways in which a range of administrative decisions are reached and at how the citizens affected by them are treated. The material for each of the fourteen chapters was collected by a person or persons native to the respective country.