Full Description
Combining insights from comparative legal theory, jurisprudence and legal history, this collection examines the legal and constitutional identity of Central and Eastern Europe.
Although the various countries of Central and Eastern Europe have often compared themselves to the West, the failure of these countries to engage with one another has resulted in a whole spectrum of legal identities remaining hidden. This book takes up a comparison of such identities within the region of Central and Eastern Europe, and following from the prima facie similarity between the region's countries, given the experience of communism and legal transfers. The book thereby illuminates, through comparisons, the distinct legal identities of the 16 Central and Eastern European states; whilst, at the same time, arguing for a shared Central and Eastern European legal identity.
This book will appeal to scholars and students in the area of comparative law, as well as lawyers, political scientists, sociologists, and historians with particular interests in Central and Eastern Europe.
Contents
Introduction. Central and Eastern Europe Between Law, Culture, Identity and Comparison Cosmin Cercel, Alexandra Mercescu and Mirosław Michał Sadowski Part I. Central and Eastern European Legal Cultures: Theorerical Perspectives 1. Foreign Law, the Comparatist, and Culture: How It Is Pierre Legrand 2. Central Europe: What's in a Name? Forging an Understanding of the Region as a Socio-Legal and a Socio-Political Space Mirosław Michał Sadowski 3. The Region Without Qualities: Fiction, International Law and the Internalised Irrelevance of Central and Eastern Europe Momchil Milanov 4. Judicial Formalism and Regional Legal Identity in Central and Eastern Europe Péter Cserne 5. Non-compliance with the European Court of Human Rights Judgments: Delineating the Features of Central and Eastern European Legal Identity Donatas Murauskas 6. Old Patterns Die Hard - The Idiosyncrasies of the Yugoslav Socialist Legal Tradition and the Problem of Continuity in the Western Balkans Denis Preshova and Nenad Markovikj 7. Constitutional Identity as Competing Historically Driven Narratives: Central and European Perspectives Manuel Guțan Part II. Central and Eastern European Legal Cultures: Case Studies 8. Eternity Clause as Agalma: Articulating Constitutional Identity in Romania and Latvia Cosmin Cercel and Jānis Pleps 9. An Ancestry of Bridges: The Persistence of Legal Transplants in Croatia and Poland Hano Ernst, Mirosław Sadowski and Mirosław Michał Sadowski 10. The External influence on Constitutional Identity: Comparing Estonia and Serbia Katre Luhamaa, Merike Ristikivi and Marija Vlajković 11. Historical Trajectories and Shared Destiny as a Basis for Common Legal Identity: The Cases of Bosnia and Herzegovina and Montenegro Samir Forić, Marko Dokić and Danijela Vuković-Ćalasan 12. The Ever-Blurred Features of the Rule of Law: Albania and Bulgaria Rezarta Demneri and Anastas Punev 13. The Transfer of the Principle of Proportionality to the National Legal Order: The Cases of the Slovak Republic and Slovenia Tomáš Gábriš, Matej Horvat and Marko Novak 14. Guarantees for Linguistic Identity: Approaches of the Republic of Lithuania and of the Republic of Moldova Aistė Račkauskaitė-Burneikienė, Saulius Katuoka and Teodor Papuc 15. Searching for Legal Identities through Narratives about the Habsburg Times: Czechia and Hungary Markéta Štěpáníková and Márton Matyasovszky-Németh Afterword. A Central and Eastern European Legal Culture? Cosmin Cercel, Alexandra Mercescu and Mirosław Michał Sadowski
