tailieunhanh - Importing the Law in Post-Communist Transitions The Hungarian Constitutional Court and the Right to Human Dignity

This research was conducted over a period of 10 years during which time I lived in five different countries and learnt three languages. The project started germinating when I was still an undergraduate student and first encountered comparative constitutional law at the Max Planck Institute in Heidelberg. It subsequently became the subject of my Diplôme d’Études Approfondies (DEA, equivalent to a LLM) dissertation and of the PhD proposal that I submitted to the European University Institute (EUI), where I undertook most of the research on which this work is based | IMPORTING THE LAW IN POST-COMMUNIST TRANSITIONS This book one of the very first monographs on the Hungarian Constitutional Court available in English is a unique study of the birth of a new legal system after the collapse of communism in Central and Eastern Europe. It shows that the genesis of the new legal order was determined by massive Western involvement and an unprecedented level of exportation and importation of law. Anchored in a detailed comparative study of German and Hungarian constitutional case law on human dignity this book argues that law importation was a deliberate strategy carried out by the Hungarian Court in the early years of its operation. It explains how the circumstances of the transition and the background of the importers determined the choice of German case law as a model and how the Court used it to construct its own version of the right to human dignity. It highlights the Hungarian Court s instrumentalisation of imported law in order to lay the foundations of a new conception of fundamental rights. While focusing on the Hungarian experience this book engages with international debates and provides an original theoretical framework for approaching the movement of law from the importers perspective. Volume 1 in the series Human Rights Law in Perspective Human Rights Law in Perspective General Editor Colin Harvey The language of human rights figures prominently in legal and political debates at the national regional and international levels. In the UK the Human Rights Act 1998 has generated considerable interest in the law of human rights. It will continue to provoke much debate in the legal community and the search for original insights and new materials will intensify. The aim of this series is to provide a forum for scholarly reflection on all aspects of the law of human rights. The series will encourage work which engages with the theoretical comparative and international dimensions of human rights law. The primary aim is to publish .

• Luật học
• Constitutive Laws
• Human Dignity
• Constitutional Court
• Post Communist Transitions
• Human Dignity
• German Law
• Exponential Creep
• Dislocation Substructure
• Polycrystalline Solids
• Inhomogeneous Plastic
• Thermodynamic Framework
• N directional
• Child Pornography
• Technologically Assisted
• Intercepting Protected
• Law Beyond
• Constitutive Power
• transfigured constitution
• legal theory
• constitutional theory
• Modern Constitutions
• Fundamental Laws
• Bibliographical Notes
• Constitutions of Nations
• Austria Hungary
• historic structure
• Functions of Parliament
• royal prerogative
• Cabinet
• regulatory agencies
• Private Law
• Justice
• Pluralism
• federal systems
• Federalism
• European Union
• legislature
• judicial review
• Public Interest
• Immunity Certificates
• GLOBALISATION
• BUSINESS ETHICS
• Gendered Process
• Postcolonial Perspectives
• accession process
• CEE constitutions
• EU membership
• amendment procedure
• European Constitution
• Christoph Grabenwarter
• Pouvoir Constituant
• Institutional Issues
• Political Institutions
• Individual Rights
• Constitutional Scholarship
• International Treaties
• Legal Visions
• administrative safeguard
• parliamentary consent
• Government alternatives
• Income Tax
• Medieval constitutions
• social origins
• feudal transformation
• fundamental law
• Administrative Law
• Administrative Agencies
• Central Government
• County councils
• Local government
• Extended powers
• Dying Declarations
• Comparative Anthropology
• Pierre Legendre
• Ethical Obligation
• Law Deathbound
• Memento Mori
• Constitutional Requirements
• Prudential Considerations
• Abstention Doctrine
• Facial Challenges
• Constitutional Questions
• Judicial Supremacy
• Remote Sensing
• Forestry Studies
• Operative Support
• Forest Utilization
• Adding Value
• Hemicellulose
• Position of Migrants
• Constitutional Referendum
• Country Report
• Constitutional Treaty
• Mixed motiv
• irrelevant considerations
• Broad unreasonableness
• District Organization
• Tribal Government
• Popular Initiative
• Model Constitution
• Domestic Relations
• Secular Configuration
• Assimilative Secularism
• Ameliorative Aspiration
• Constitutional Perspectives
• Religion
• Politics
• Magna Carta
• Affirmative Action
• Confederate Constitution
• Common Law
• Enumerated Powers
• Fundamental Rights
• ratification proces
• constitutional bases
• Common Foreign
• European Community
• Constitutional Illusions
• Anchoring Truths
• Natural Law
• Previous Restraints
• Legal Positivists