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  • 1
    UID:
    gbv_1696579996
    Format: 1 online resource (268 pages)
    Edition: 1st ed.
    ISBN: 9789004203914
    Series Statement: International Studies in Sociology and Social Anthropology Ser. v.118
    Content: Drawing on the sociological theory of reflexive modernization and the doctrine of liberal democracy, this book debates the formation of postcommunist constitutionalism. Examination of Poland, in comparison with other postcommunist countries, leads to a new theory of reflexive constitutionalism.
    Content: Intro -- From "Civil Society" to "Europe" -- Copyright -- Dedication -- Contents -- Acknowledgments -- Introduction: The Objectives of this Book -- Constitution and constitutionalism: a sociological approach -- Postcommunist dilemmas and sources of popular frustration -- Theoretical background of this book -- 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 -- I A Constitution as a Theory of Society -- Postcommunism critiqued -- Constitutional instrumentalism -- The "Empty Space" proposition as justification of constitutional instrumentalism -- Non-fictive, context-bound reflexive constitutionalism -- The constitution as a theory of society within society -- Constitutional instrumentalism versus the reflexive approach to the constitution -- II 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 -- III 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.
    Note: Description based on publisher supplied metadata and other sources
    Additional Edition: ISBN 9789004192072
    Additional Edition: Erscheint auch als Druck-Ausgabe ISBN 9789004192072
    Language: English
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