By Grazyna Skapska
In East principal Europe, constitutionalism includes an attempt by way of postcommunist societies to consolidate round yes values, rules, and ideas that may facilitate the formation of a brand new political structure in addition to a brand new political id for his or her international locations. established totally on the event of Poland - compared to different East critical eu nations - this ebook debates the categorical good points of postcommunist constitutionalism. the result's a conception of reflexive constitutionalism (informed by way of the sociological conception of reflexive modernization) which assesses severely the highbrow assets in addition to the consolidating capability of the vintage foundations of liberal democracy in the fact of postcommunist transformation.
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Additional info for From 'Civil Society' to 'Europe' (International Studies in Sociology and Social Anthropology)
It seems that there was a “big player,” the communist nomenklatura, and a small underground opposition that struggled to exist but lacked strength and autonomy comparable to that of the big player. Thus, some questions arise. For one, why were the functionaries of the regime willing to limit their power but also, what power did the opposition members possess? Why did the round tables come to exist at all? The often formulated answer to such questions address not the power, and not at all the conscious self-restraint of both participants, but a purported weakness: it was the weakness of the communist parties, it is argued that led to the collapse of communism and forced its functionaries, at least some of them, to participate in round tables.
Those concerning real political power, political interests, political legitimization, and political outcomes. Thus, in what follows, I would like to look closer at these issues with regard to the East Central European round tables as significant in future political and constitutional processes. The question concerning power, actual and future, seems still, after some twenty years, very intriguing. There is, of course, the issue of a 30 prologue clear lack of balance between the communists and the members of the opposition.
The great concerns of former dissidents with the rule of law and its constitutional establishment indicate that we are dealing here not only with the pursuit of an important trait of civil society – in accord with Kantian conceptualizations of it – and not with partisan beliefs and fantasies. The stress on the rule of law indicates that we are perhaps dealing with uncontested convictions stemming from experiences with its absence and with a hypocritical legality. It further points to concerns with legal certainty and security as axiological components of a rather formal rule of law principle.
From 'Civil Society' to 'Europe' (International Studies in Sociology and Social Anthropology) by Grazyna Skapska