Mission Accomplished: On Founding Constitutional Adjudication in Central Europe

Mission Accomplished: On Founding Constitutional Adjudication in Central Europe

Mission Accomplished: On Founding Constitutional Adjudication in Central Europe

Mission Accomplished: On Founding Constitutional Adjudication in Central Europe

Synopsis

Examines constitutional jurisdiction in the so-called Visegrad Four: Poland, Hungary, the Czech Republic and Slovakia. The creation of constitutional courts was one of the major milestones in the re-creation of the democratic system in these countries. In Europe constitutional courts exert much of the functions of the Supreme Court of the US. However, the immediate western European samples showed marked differences, which is why besides similarities, the theory and practice of constitutional law show differences in these four countries. Prochazka analyses and explains these similarities and differences. Mission Accomplished contributes to the literature on comparative constitutional law by offering insights into the constitutional discourses that go beyond the discussion of notorious cases and events in these four countries. Prochazka argues that the various historical, cultural, socio-psychological, political and institutional contexts have translated into different modes of constitutional adjudication and interpretation."

Excerpt

Constitutional review is one of the defining features of the Central European post-revolutionary institutional and political environment, and is as vivid a part of the region’s legal topography as it is of that of Germany, Spain, or Italy. After only a decade, the Central European constitutional courts more or less equal their counterparts elsewhere in the Western world in terms of political relevance, jurisprudential sophistication, and interpretive creativity. My book describes how this has happened and explains why.

CONCEPT

I describe the rise and functioning of constitutional review in Central Europe as a helix at the beginning of which exigencies of the region’s return to Europe combined with the need to establish governments responsive to both legitimacy– and efficiency considerations. The indigenous legal psyches thereby became exposed to, and were consequently conditioned by, phenomena emanating from the context of post-revolutionary transition. Then followed the country-specific elaboration of the general institutional choices, reflecting the logic of the respective polities’ legal, social-psychological, and institutional development. This process resulted in specific institutional designs combining the countries’ traditional political economies with their transition-informed updates. The designs and the texts that this logic produced translated into constitutional jurisprudence, subject to acculturation by the traditional local codes of institutional behaviour.

My theme is not completely alien to an English-speaking audience. Scholarly analyses of the different aspects of the respective constitutional . . .

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