2000•Foreign AffairsRequires access

The Struggle for Constitutional Justice in Post-Communist Europe

Robert Legvold, Herman Schwartz

Open publisher page 124 citations

Abstract

In the former Eastern Bloc countries, one of the most important, and most difficult, aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book is the first to chronicle and analyze the rise of constitutional courts in this changing region. Beginning with a brief history of the courts prior to 1989, Schwartz draws on his expertise as a constitutional scholar and long-time adviser to many of these countries to compare their jurisprudence with relevant American and West European law. He then focuses in detail on the relative success stories of Poland and Hungary, where the courts faced little opposition, and the more problematic situations in Russia, Slovakia and Bulgaria, where the courts' independence and very existence were threatened by both old-line communists and new-style authoritarians. With a wealth of historical and other information, backed up by a massive array of research, the book is a remarkably rich, yet accessible, source for anyone interested in the ongoing struggles of post-Communist Europe.

About this research paper

What this paper is about

In the former Eastern Bloc countries, one of the most important, and most difficult, aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book is the first to chronicle and analyze the rise of constitutional courts in this changing region. Beginning with a brief history of the courts prior to 1989, Schwartz draws on his expertise as a constitutional scholar and long-time adviser to many of these countries to compare their jurisprudence with relevant American and West European law. He then focuses in detail on the relative success stories of Poland and Hungary, where the courts faced little opposition, and the more problematic situations in Russia, Slovakia and Bulgaria, where the courts' independence and very existence were threatened by both old-line communists and new-style authoritarians. With a wealth of historical and other information, backed up by a massive array of research, the book is a remarkably rich, yet accessible, source for anyone interested in the ongoing struggles of post-Communist Europe.

Why it matters

OpenAlex reports 124 citations for this work. Citation counts describe recorded attention and do not establish research quality.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

In the former Eastern Bloc countries, one of the most important, and most difficult, aspects of the transition to democracy has been the establishment of constitutional justice and the rule of law. Herman Schwartz's wide-ranging book is the first to chronicle and analyze the rise of constitutional courts in this changing region. Beginning with a brief history of the courts prior to 1989, Schwartz draws on his expertise as a constitutional scholar and long-time adviser to many of these countries to compare their jurisprudence with relevant American and West European law. He then focuses in detail on the relative success stories of Poland and Hungary, where the courts faced little opposition, and the more problematic situations in Russia, Slovakia and Bulgaria, where the courts' independence and very existence were threatened by both old-line communists and new-style authoritarians. With a wealth of historical and other information, backed up by a massive array of research, the book is a remarkably rich, yet accessible, source for anyone interested in the ongoing struggles of post-Communist Europe.

Key concepts: Political science, Economic Justice, Communism, Law, Political economy, Development economics, Sociology, Economics

Related papers

Back to paper searchBrowse research topicsOriginal source
The Struggle for Constitutional Justice in Post-Communist Europe — Research Paper | ScholarLens