CiNii 図書 - From 'civil society' to 'Europe' : a sociological study on constitutionalism after communism

In East Central Europe, constitutionalism comprises an effort by postcommunist societies to consolidate around certain values, principles, and rules that would facilitate the formation of a new political architecture as well as a new political identity for their countries. Based primarily on the experience of Poland - in comparison with other East Central European countries - this book debates the specific features of postcommunist constitutionalism. The result is a theory of reflexive constitutionalism (informed by the sociological theory of reflexive modernization) which assesses critically the intellectual resources as well as the consolidating potential of the classic foundations of liberal democracy within the reality of postcommunist transformation.

Introduction: The Objectives of this Book Constitution and constitutionalism: a sociological approach Postcommunist dilemmas and sources of popular frustration Theoretical background Empirical context Prologue: Between "Civil Society" and "Europe": Round tables in East Central Europe as Political and Legal Events Round tables as political events Round tables and the legality of the transformations Constitutional outcomes of round tables Consequences of the round tables in subsequent change Chapter One A Constitution as a Theory of Society within Society Postcommunism critiqued Constitutional instrumentalism The "Empty Space" proposition as justification of constitutional instrumentalism Non-fictive, context-bound reflexive constitutionalism A constitution as a theory of society within society Constitutional instrumentalism versus the reflexive approach to the constitution Chapter Two Stalinist Constitutionalism Typical features of Stalinist constitutionalism Theoretical foundations of the Stalinist political system Axiology of Stalinist constitutionalism System legitimization: the unarticulated social contract and negative constitutional consensus Stalinist constitutionalism and the need for a new constitutional semantics Chapter Three In Search of a New Semantics: Discursive Resources of Postcommunist Constitutionalism Recent constitutional history: the context for democratic constitutionalism Recent constitutional history in its narrow sense The return of civil society, reintroduction of morality, and renaissance of history in the public sphere after the Gulag experience Interpretations of the rule of law The Eastern European syndrome: a brief outline of difficult legacies, old and new The semantic endowment of the new constitutions Chapter Four Settling Accounts with the Past and the Dilemmas of the Law-Governed State The constitutive potential of the difficult past: the right to truth, to remembrance, and to restitution of property rights as part of identity restoration Two legacies of Stalinist totalitarianism Structural and mental legacies of the semantics used to legitimize state crimes Legacies of mass scale expropriations Knowledge as power: the paradoxes of democracy and model approaches Dilemmas of the law-governed state principle "Alienating justice" or a positive constitutional consensus? Chapter Five Dividing the Cake: The Constitutionalization of Economic Order Privatization in the eyes of economists and sociologists Institutional optimism and sociological realism Anarchy, semi-legalized anarchy, and blurring the line between state-owned and private property The constitution versus mundane economic processes after the collapse of communism in East Central Europe Conclusions: written constitutions and emerging realities Summing up: Thirteen Theses on Postcommunist Constitutionalism Appendix One Election participation in Poland, Hungary, the Czech Republic and Slovakia Appendix Two Referenda participation in Poland, Hungary, the Czech Republic and Slovakia Appendix Three Trust in governments and courts Appendix Four Comparison of Evaluations of Democracy and Market Economy in Action is Particular Countries Bibliography Index

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From 'civil society' to 'Europe' : a sociological study on constitutionalism after communism

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