Tétel adatlapja
VisszaCÍMLAP

Varga Csaba

Transition? To rule of law?

Constitutionalism and transitional justice challenged in Central & Eastern Europe

CONTENTS, BLURB


Contents


TOWARDS A TRANSITION TO RULE OF LAW
Radical Change and Unbalance of Law in a Central Europe under the Rule of Myths, not of Law [1996]
Legal Scholarship at the Threshold of a New Millennium in the Central and Eastern European Region [1997]
Rule of Law: Imperfectly Realised, or Perfected without Realisation? [2000]
Rule of Law - at the Crossroads of Challenges [2001]
Rule of Law, or the Dilemma of an Ethos: to be Gardened or Mechanicised [2007]

THE BURDEN OF THE PAST
Why Having Failed in Facing with the Past? [2003]
Creeping Renovation of Law through Constitutional Judiciary? [2005]
What Has Happened and What Is Happening ever Since (In Remembrance of Deportations to Forced Work Camps at Hortobágy) [2005]
1956 Judged by Ethics and Law, or the Moral Unity of the Law's Responsiveness as a Post-totalitarian Dilemma [2006]

PERSPECTIVES
Failed Crusade: American Self-confidence, Russian Catastrophe [2002]
"Radical Evil" on Trial [2002]
Rule of Law between the Scylla of Imported Patterns and the Charybdis of Actual Realisations (The Experience of Lithuania) [2004]

WHAT CAN BE HOPED FOR NOW?
In Bondage of Paradoxes, or Deadlock at the Peak of the Law we have Created for Ourselves [2007]
At the Crossroads of Civil Obedience and Civil Disobedience [2007]

Subject index
Index of Normative Materials
Name index
Bibliography of Csaba Varga's further books

Blurb

Having explored aspects of law, justice to be administered as well as rule of law under limiting conditions, among others, in his book on Transition to Rule of Law On the Democratic Transformation in Hungary (Budapest 1995) and documentation on Coming to Terms with the Past under the Rule of Law The German and the Czech Models (Budapest 1994), CSABA VARGA resumes now his interest on rule of law and change-over of laws, facing a criminal past and constitution remaking under the cover of adjudication activism, imposition doctrinarism and the quest for own theories, all in writings of the present book, collected from the last decade. Being sensitive of the issue why justice and legality has become antagonistic in the Constitutional Court marshalled new rule of law scheme in Hungary and how such scheme can at all survive if emptied from morality, his reflections are focussed especially on universalism vs. historical hic et nunc particularity of human ideas and institutions, on the vocation and nature, values and social preconditions of any rule of law, as well as on what in addition to merely formal certainty of the law is wanted for that the scheme itself can transform into liveable practice. International literature is assessed and reflected upon when applied to domestic and regional case studies and wide historical comparisons. Diagnosing change-over of past nihilism with recent fetishism of the legal instrumentality, the outcome is a cry for own theorising potential within the challenge-and-response paradigm, suitable to offer a perspective of historicity.
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