ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1991.tb00059.x

出版商:Blackwell Publishing Ltd    

年代:1991

数据来源: WILEY

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1991.tb00060.x

出版商:Blackwell Publishing Ltd    

年代:1991

数据来源: WILEY

摘要:

According to our conventional perception of the interrelations between revolutions and constitutions, constitutions perpetuate the interests of the victorious forces of the revolution. This paper analyzes the distinctive character of the revolutions of 1989 in East and Central Europe with respect to their claim to constitutionalism. The main characteristic of these revolutions is the disbelief of their proponents in the postulate of a homogeneous unitary popular will which imposes itself on the society. Intead, two different concepts of civil society have been emerging, both of which can be connected with a more elaborate notion of constitutionalism. Constitutions can be understood as institutional devices which encourage the endurance of their legality without being entirely dependent on either the principle of self‐interest or the idea of pre‐political consen

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1991.tb00061.x

出版商:Blackwell Publishing Ltd    

年代:1991

数据来源: WILEY

摘要:

The process of constitution making in Poland since 1989, and the content of the two draft constitutions prepared separately by the Sejm and the Senate are described in this paper. The relatively weak sense of constitutionalism in Poland's tradition is commented on and compared with the role of judicial review by the courts and constitutional tribunals in the United States and Europe. The latter part of the article discusses the role of the Church, the civil society, the unions and voluntary associations in constitution making and in the post‐Communist society in genera

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1991.tb00062.x

出版商:Blackwell Publishing Ltd    

年代:1991

数据来源: WILEY

摘要:

Amid the stormy political events of 1988‐89, Hungary took a turn toward becoming a constitutional state and moved in the direction of re‐establishing the rule of law and having a real constitution.The process of establishing the rule of law began with the recodification, adopted in January 1989, of the right of assembly and association. This right must be understood in the context of the extremely fast paced regeneration of civil society. Analogous to what Habermas wrote about the emergence of civil publicity in Europe, at first it was nothing more than non‐political gatherings and associations, where one would spend one's leisure time. Later on, however ‐ similarly to the eighteenth century transformation of political publicity ‐ there was an increasing need for political meetings and demonstrations as well as for establishing trade and directly political unions.This development, of course, made it necessary to conceive of the right of assembly and association in a radically new manner. A conception not limiting these rights to politically neutral programs, festival marches, or to the possibility of setting up associations (e.g., for stamp collecting), but including the freedom to conduct antigovernment demonstrations, to establish parties, and to create c

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1991.tb00063.x

出版商:Blackwell Publishing Ltd    

年代:1991

数据来源: WILEY

摘要:

The particular historical trajectories of economic reform in East European socialist systems were important causal factors in their transformation, and often account for the different paths now open to each. Taking the case of Hungary, this article argues that socialist reforms, even when justifiably assessed as ineffective attempts at improved efficiency, interacted with an expanding second economy to alter in a gradual but profound manner the state‐imposed relationship between the political and economic realms. This process of incremental social and ideological change “politicized” the economy and partially “privatized” the public sector, albeit often in informal ways. The turning‐point was a 1982 reform of property‐rights which legalized much of the second economy and opened up newly‐legitimate channels for its cooperation with the state sector. By formalizing the previously informal relationship of mutual dependence between the state and the second economy, these statutes engendered new economic and political contradictions and possibilities in the system, as the enfranchisement of previously‐excluded groups led to further concessions on the part of the state. The legalization of the second economy, the public campaign to legitimize the private sector, and the creation of new private partnership forms constituted a significant difference between the legacy of Hungarian socialism and other East E

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1991.tb00064.x

出版商:Blackwell Publishing Ltd    

年代:1991

数据来源: WILEY

摘要:

The paper presents the beginning and the initial results of the process of privatization in Poland. Starting from the summer of 1990 it examines the political debate on the Privatization Act and corresponding social reaction. It shows how the society answers such important questions as: who, and on what principles, is to take over the hitherto state‐owned property? The next question is on the content of the “social contract on privatization”: the legal starting point and the first empirical results. It appears that the most visible social effect was the growth in the inequalities between workers and the elites of the society. The role of workers in the process of transformation is also of special interest. Finally, the paper examines the role of privatization law, which on the one hand presents a compromise between the ruling class and the society and on the other hand has been replaced by current privatization p

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1991.tb00065.x

出版商:Blackwell Publishing Ltd    

年代:1991

数据来源: WILEY