The politics of judicial reform in eastern Europe

Comparative Politics

Volumn 32, Issue 1, 1999, Pages 43-62

  Magalhães, Pedro C ^a  

^a NONE

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EID: 0033425972     PISSN: 00104159     EISSN: None     Source Type: Journal    
DOI: 10.2307/422432     Document Type: Article

References (64)

1. See, for example, Juan J. Linz and Alfred Stepan, Problems of Democratic Transition and Consolidation: Southern Europe, South America, and Post-Communist Europe (Baltimore: The Johns Hopkins University Press, 1996), pp. 10-15; Martin Shapiro and Alec Stone, "The New Constitutional Politics of Europe," Comparative Political Studies, 26 (January 1994), 397-420; David Nelken, "A Legal Revolution? The Judges and Tangentopoli," in Stephen Gundle and Simon Parker, eds., The New Italian Republic: From the Fall of the Berlin Wall to Berlusconi (London: Routledge, 1996), pp. 191-205.
2. See, for example, Juan J. Linz and Alfred Stepan, Problems of Democratic Transition and Consolidation: Southern Europe, South America, and Post-Communist Europe (Baltimore: The Johns Hopkins University Press, 1996), pp. 10-15; Martin Shapiro and Alec Stone, "The New Constitutional Politics of Europe," Comparative Political Studies, 26 (January 1994), 397-420; David Nelken, "A Legal Revolution? The Judges and Tangentopoli," in Stephen Gundle and Simon Parker, eds., The New Italian Republic: From the Fall of the Berlin Wall to Berlusconi (London: Routledge, 1996), pp. 191-205.
3. See, for example, Juan J. Linz and Alfred Stepan, Problems of Democratic Transition and Consolidation: Southern Europe, South America, and Post-Communist Europe (Baltimore: The Johns Hopkins University Press, 1996), pp. 10-15; Martin Shapiro and Alec Stone, "The New Constitutional Politics of Europe," Comparative Political Studies, 26 (January 1994), 397-420; David Nelken, "A Legal Revolution? The Judges and Tangentopoli," in Stephen Gundle and Simon Parker, eds., The New Italian Republic: From the Fall of the Berlin Wall to Berlusconi (London: Routledge, 1996), pp. 191-205.
4. C. Neal Tate, "Judicial Institutions in Cross-National Perspective: Toward Integrating Courts into the Comparative Study of Politics," in John R. Schmidhauser, ed., Comparative Judicial Systems: Challenging Frontiers in Conceptual and Empirical Analysis (London: Butterworths, 1987), p. 35.
5. See, for example, Barbara Geddes, "A Comparative Perspective on the Leninist Legacy in Eastern Europe," Comparative Political Studies, 28 (July 1995), 239-74; Timothy Frye, "A Politics of Institutional Choice: Post-Communist Presidencies," Comparative Political Studies, 30 (October 1997), 523-52.
6. See, for example, Barbara Geddes, "A Comparative Perspective on the Leninist Legacy in Eastern Europe," Comparative Political Studies, 28 (July 1995), 239-74; Timothy Frye, "A Politics of Institutional Choice: Post-Communist Presidencies," Comparative Political Studies, 30 (October 1997), 523-52.
7. See Christopher M. Larkins, "Judicial Independence and Democratization: A Theoretical and Conceptual Analysis," American Journal of Comparative Law, 44 (1996), 605-26.
8. Ibid., pp. 611-20.
9. Ibid., p. 614.
10. See Carlo Guarnieri and Patrizia Pederzoli, La puissance de juger: Pouvoir judiciaire et démocratie (Paris: Michalon, 1996).
11. Linz and Stepan, pp. 333-35.
12. John Reitz, "Progress in Building Institutions for the Rule of Law," in Robert D. Grey, ed., Democratic Theory and Post-Communist Change (Upper Saddle River: Prentice Hall, 1997), p. 150.
13. Wolf V. Heydebrand, "The Dynamics of Legal Change in Eastern Europe," Studies in Law, Politics, and Society, 15 (1995), 291-92.
14. Stanislaw Frankowski and Paul Stephan, "Westernization of the European East?," in Stanislaw Frankowski and Paul B. Stephan, eds., Legal Reform in Post-Communist Europe (Dordrecht: Martinus Nijhoff, 1995), p. 479.
15. Boaventura de Sousa Santos, "The GATT of Law: Mistrusting the Global Reform of Courts," unpublished paper, University of Wisconsin, 1996.
16. Carlo Guarnieri and Pedro Magalhães, "Democratic Consolidation, Judicial Reform, and the Judicialization of Politics in Southern Europe," in Richard Gunther, P. Nikiforos Diamandouros, and Gianfranco Pasquino, eds., The Changing Functions of the State in Southern Europe (Baltimore: The Johns Hopkins University Press, forthcoming).
17. Santos, "The GATT of Law," p. 15. See also Boaventura de Sousa Santos, Toward a New Common Sense: Law, Science, and Politics in the Paradigmatic Transition (New York: Routledge), pp. 268-81.
18. Santos, "The GATT of Law," p. 15. See also Boaventura de Sousa Santos, Toward a New Common Sense: Law, Science, and Politics in the Paradigmatic Transition (New York: Routledge), pp. 268-81.
19. See, for example, Terry M. Moe, "Political Institutions: The Neglected Side of the Story," Journal of Law, Economics and Organization, 6 (1990), 213-53; Jack Knight, Institutions and Social Conflict (Cambridge: Cambridge University Press, 1992).
20. See, for example, Terry M. Moe, "Political Institutions: The Neglected Side of the Story," Journal of Law, Economics and Organization, 6 (1990), 213-53; Jack Knight, Institutions and Social Conflict (Cambridge: Cambridge University Press, 1992).
21. See Jack Knight and Lee Epstein, "On the Struggle for Judicial Supremacy," Law and Society Review, 30 (1996), 87-120, n4.
22. Frye, p. 533.
23. Kenneth Shepsle, "Studying Institutions: Some Lessons from the Rational Choice Approach," in James Farr, John S. Dryzek, and Stephen T. Leonard, eds., Political Science in History: Research Programs and Political Traditions (Cambridge: Cambridge University Press, 1995), p. 291.
24. Kjell Engelbrekt, "Bulgaria: Toward the Rule of Law," RFE/RL Research Report, 1 (March 1992), 4; Edith Oltay, "Hungary: Toward the Rule of Law," RFE/RL Research Report, 1 (March 1992), 22; Mark F. Brzezinski, "The Emergence of Judicial Review in Eastern Europe: The Case of Poland," American Journal of 'Comparative Law, 41 (Spring 1993), 153-200.
25. Kjell Engelbrekt, "Bulgaria: Toward the Rule of Law," RFE/RL Research Report, 1 (March 1992), 4; Edith Oltay, "Hungary: Toward the Rule of Law," RFE/RL Research Report, 1 (March 1992), 22; Mark F. Brzezinski, "The Emergence of Judicial Review in Eastern Europe: The Case of Poland," American Journal of 'Comparative Law, 41 (Spring 1993), 153-200.
26. Kjell Engelbrekt, "Bulgaria: Toward the Rule of Law," RFE/RL Research Report, 1 (March 1992), 4; Edith Oltay, "Hungary: Toward the Rule of Law," RFE/RL Research Report, 1 (March 1992), 22; Mark F. Brzezinski, "The Emergence of Judicial Review in Eastern Europe: The Case of Poland," American Journal of 'Comparative Law, 41 (Spring 1993), 153-200.
27. Geddes, p. 266.
28. Kjell Engelbrekt, "The Grand National Assembly to Adopt a New Constitution," Report on Eastern Europe, 2 (July 1991), 35.
29. "Union of Democratic Forces Issues List of Demands," Bulgarian Telegraph Agency, Jan. 2, 1990.
30. Andrzej S. Walicki, "Transitional Justice and the Political Struggles of Post-Communist Poland," in A. James McAdams, ed., Transitional Justice and the Rule of Law in New Democracies (Notre Dame: University of Notre Dame Press, 1997), pp. 185-238.
31. Wiktor Osiatynski, "The Roundtable Talks in Poland," in Jon Elster, ed., The Roundtable Talks and the Breakdown of Communism (Chicago: University of Chicago Press, 1994), pp. 21-68.
32. Geddes, p. 264.
33. Rzeczpospolita, Aug. 1, 1990.
34. László Bruzst and David Stark, "Remaking the Political Field in Hungary: From the Politics of Confrontation to the Politics of Competition," in Ivo Banac, ed., Eastern Europe in Revolution (Ithaca: Cornell University Press, 1992), p. 44.
35. Ibid., pp. 48-49; The Economist, Oct. 14, 1989.
36. Ibid., pp. 48-49; The Economist, Oct. 14, 1989.
37. A day before the referendum, the Hungarian television published a poll that found that 48 percent supported the parliamentary election of the president, while 43 percent wanted presidential elections earlier. Ultimately, voters supported the parliamentary election of the president by the narrow margin of 51 to 49 percent. "Opposition Confident of Victory in Hungary's First Referendum," Reuter Library Report, Nov. 26, 1989.
38. Powers of judicial appointment were to be shared by the president (supreme court justices), parliament (supreme court chairperson, by a two-thirds majority), and even the executive.
39. In Hungary the HDF won 43 percent of parliamentary seats in the April 1990 elections. In Poland Lech Walesa's victory in the November 1990 presidential elections was followed in October 1991 by the victory of the Democratic Union (DU) in legislative elections; the former Communists of the Democratic Left Alliance (DLA) were left with 12 percent of the seats. In Bulgaria, the Bulgarian Socialist Party was defeated in the October 1991 elections; the Union of Democratic Forces won a plurality of 46 percent of seats. Three months later, UDF's Zheliu Zhelev was reconfirmed in the presidency, this time by free elections.
40. Rzeczpospolita, Jan. 17, 1992.
41. Rzeczpospolita, Mar. 10, 1992.
42. Walicki, p. 197.
43. "Cabinet Discusses Priority Areas in Government Programme," PAP News Wire, Sept. 22, 1992.
44. Warsaw Voice, Sept. 5, 1993; Gazeta Wyborcza, Sept. 8, 1993. 37. Zycye Warszawy, Nov. 10-11, 1993.
45. Warsaw Voice, Sept. 5, 1993; Gazeta Wyborcza, Sept. 8, 1993. 37. Zycye Warszawy, Nov. 10-11, 1993.
46. Warsaw Voice, Sept. 5, 1993; Gazeta Wyborcza, Sept. 8, 1993. 37. Zycye Warszawy, Nov. 10-11, 1993.
47. Engelbrekt, "Bulgaria," p. 5.
48. "Parliament Amends Supreme Judicial Council Act," Bulgarian Telegraph Agency, Dec. 19, 1991.
49. Albert P. Melone, "The Struggle for Judicial Independence and the Transition toward Democracy in Bulgaria," Communist and Post-Communist Studies, 29 (1996), 235.
50. During 1992 twenty-two former Communist Party members, including ex-prime ministers and a current member of parliament, were jailed or put under investigation on charges of corruption, while forty-seven others were prohibited from leaving the country. In September 1992 Todor Zhivkov, the first former Communist leader to be brought to trial since the fall of the Berlin Wall, was sentenced to seven years in prison. See The Guardian, Aug. 13, 1992.
51. Ibid.; "Supreme Judicial Council Criticizes Zhelev for Interference," Bulgarian Telegraph Agency, Sept. 8, 1992.
52. Ibid.; "Supreme Judicial Council Criticizes Zhelev for Interference," Bulgarian Telegraph Agency, Sept. 8, 1992.
53. Oltay, p. 22; "Leaders of Pest Judicial Council Resign over Appointment of Court President," Hungarian Radio, Mar. 17, 1992.
54. Gazeta Wyborcza, Oct. 8, 1993.
55. For the HSP's program concerning the judiciary, see Nepszabadsag, June 28, 1994 (FBIS-EEU-95-039); Kihivasok Es Valaszok, Feb. 2, 1995 (FBIS-EEU-96-026-S).
56. For the HSP's program concerning the judiciary, see Nepszabadsag, June 28, 1994 (FBIS-EEU-95-039); Kihivasok Es Valaszok, Feb. 2, 1995 (FBIS-EEU-96-026-S).
57. Heti Vilaggazdasag, July 13, 1996 (FBIS-EEU-96-159).
58. "BSP Groups Discuss Judiciary Reforms," Bulgarian Radio, July 26, 1994.
59. The BSP's daily newspaper, Duma, denounced this decision as a demonstration of Zhelev's "readiness to protect by all means the representatives of the UDF in the judiciary - Ivan Grigorov and Ivan Tatarchev - and the entire gang of 'loyal' and 'devoted' employees who know who their benefactors are." Duma, July 5, 1994 (FBIS-EEU-94-133).
60. Conflicts included the executive's refusal to comply with constitutional court decisions and the eviction of its justices from the court's building, the BSP's attempts at limiting the jurisdiction and budget of the supreme court, and the election of the judges of the supreme cassation and administrative courts against the legislative majority's wishes.
61. Trud, July 25, 1996 (FBIS-EEU-96-144).
62. Duma, Sept. 30, 1996 (FBIS-EEU-96-195).
63. Linz and Stepan, p. 5.
64. See Adam Przeworski. Democracy and the Market: Political and Economic Reforms in Eastern Europe and Latin America (Cambridge: Cambridge University Press, 1991).