基本説明
Reflects on the promises, hopes and fears in doing away with authoritarian regimes. Issues covered range from police practices to the role of the 'people' in post-authoritarian regimes.
Full Description
The essays in this collection reflect on the promises, hopes and fears dominant in the narratives on and realities of doing away with authoritarian regimes. The experiences of post-communist transition are matched with accounts on authoritarian traits present in established constitutional democracies and on authoritarian inclusions preserved in the new regimes in the post-transition phase. The essays combine first-hand insider accounts with interdisciplinary scholarly analysis. The first part of the collection focuses on considerations marking the way out of authoritarian - not restricted to socialist - regimes. The second part centers around experiences and problems which surface following the days of totalitarianism, both in newly emerged democracies and in well-established constitutional systems. Issues covered range from police practices to the role of the 'people' in post-authoritarian regimes. The dilemma transparent in all essays is whether 'coming out' of authoritarianism is possible at all.
Contents
Contributors. Erosion and Decline of the Rule of Law in Post-CommunismAn Introduction; A. Sajo. Part 1: Out of Authoritarianism. 1. Transitional Justice as Liberal Narrative; R. Teitel. 2. Hungarian Criminal Court Cases Cocerning the (Retribution of the) 1956 Revolution; K. Morvai. 3. Truth and Reconciliation in South Africa: The Third Way; A. Boraine. 4. Justice without Punishment: Guaranteeing Human Rights in Transitional Societies; P. van Zyl. 5. Constitutional Democracy or How to Prevent the Rule of the People; N. Dimitrijevic. 6. The Democratic Limits to Authoritarianism in Democracy (When the State Knows Better What is Good for the People); L.L. Garlicki. 7. The Making of the Hungarian Constitution; G. Halmai. Part 2 Into Authoritarian Law. 8. The Inherent Authoritarianism in Democratic Regimes; R.H. Pildes. 9. Police Power for a New Century? Constitutional Traps and Constitutional Options Regarding Some Authoritarian Trends in Police Law; S. Baer. 10. Losing Track of Democracy: Post-Totalitarian Policing in Hungary; I. Szikinger. 11. Public Administration and the Tendency to Authoritarianism; D.J. Galligan. 12. On Post-Fascism: How citizenship is Becoming an Exclusive Privilege; G.M. Tamas. 13. The Quality of Civility: Post-Anti-Communist Thoughts on Civil Society and the Rule of Law; M. Krygier. 14. The Unmaking of Hungarian Constitutionalism? G. Halmai. 15. The Republic of Belarus: The Road from the Past to the Past; A. Vashkevich.
