Constitutionalism in East Central Europe? The case of Slovakia under Meciar

East European Quarterly

Volumn 33, Issue 1, 1999, Pages 21-50

  Boulanger, Christian ^a  

^a FREIE UNIVERSITÄT BERLIN   (Germany)

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EID: 0343788473     PISSN: 00128449     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (173)

1. Ewa Letowska, "A Constitution of Possibilities," East European Constitutional Review, Vol. 6, No. 2 (Spring/Summer, 1997), pp. 76-81, 76.
2. Andrew Arato, "Constitution and Continuity in the East European Transitions. Part I: Continuity and its Crisis," Constellations, Vol. I, No. 1 (Winter, 1994), pp. 93-112, 99.
3. See for a description of the process until 1995, Rett R. Ludwikowski, Constitution-Making in the Region of Former Soviet Dominance (Durham: Duke University Press, 1996).
4. A collection of English translations of the new constitutions (except the 1997 Polish constitution) offers: The International Institute for Democracy, The Rebirth of Democracy: 12 Constitutions of Central and Eastern Europe (Strasbourg: The council of Europe publishing, 2nd ed., 1996).
5. See John Binder, "The European Community and Democracy in Central and Eastern Europe," in: George Pridham et al., Building Democracy?: The International Dimension of Democratisation in Eastern Europe (New York: St. Martin's Press, 1994);
6. András Sajó, "Universal Rights, Missionaries, Converts, and 'Local Savages'," East European Constitutional Review, Vol. 6, No. 1 (Winter 1997), pp. 44-49.
7. For an overview of US-sponsored projects, see Thomas Carothers, "Democracy Assistance: The Question of Strategy," Democratization, Vol. 4, No. 3 (Autumn 1997), p. 109-132.
8. Richard Rose, "Where are Post-communist Countries Going?," Journal of Democracy, Vol. 8, No. 3 (Summer 1997), pp. 92-107, 94;
9. Jacob Juchler, "Probleme der Demokratisierung in den osteuropäischen Transformationsländern," in: Osteuropa, Vol. 47, No. 7, (July 1997), pp. 898-913.
10. I acknowledge that I am not an area specialist with knowledge of the Slovak language, and I have conducted only limited previous study of Slovakia before writing this article. My concern is, rather, to refine analytical tools that an area specialist could use to study, for example, the Slovak case.
11. Max Weber, Economy and Society, ed. by G. Roth and C. Wittich (Berkeley: University of California Press, 1978), Vol. I, p. 311.
12. See for an excellent collection of papers on the social, economic and political origins and implications of law: David Kairys, ed., The Politics of Law. A Progressive Critique (New York: Basic Books, 3rd ed. 1998).
13. I am using a very inclusive definition of ideology. See for a narrower approach Gordana Uzelak, "Franjo Tudjman's Nationalist Ideology," East European Quarterly, Vol. 31, No. 4 (January 1998), pp. 449-472, 449-450.
14. I am here building on Douglass C. North, Structure and Change in Economic History (New York: W.W. Norton & Company, 1981), pp. 48-54;
15. Russell Hardin, One for All. The Logic of Group Conflict (Princeton: Princeton University Press, 1995), pp. 62-65.
16. See R.C. van Caenegem, An Historical Introduction to Western Constitutional Law (Cambridge, UK: Cambridge University Press, 1995).
17. For the ideological roots of rights in liberal Constitutionalism, see Ian Shapiro, The Evolution of Rights in Liberal Theory (Cambridge: Cambridge University Press, 1986).
18. See the discussion of Richard Rorty in Ian Shapiro, Political criticism (Berkeley: University of California Press, 1990).
19. Stanley Katz in Irena Grudzinska-Gross, ed., Constitutionalism in East Central Europe (Bratislava 1994), p. 4.
20. See Herbert Jacob et al., Courts, law, and politics in comparative perspective (New Haven: Yale University Press, 1996).
21. See Dario Castiglione, "The Political Theory of the Constitution," in: Political Studies, Vol. 44, No. 3 (Sept. 1996), pp. 417-43.
22. Concerning the symbolic dimension of constitutions, see Ulrich K. Preuss, Constitutional Revolution (New Jersey: Humanities Press, 1995), p.25.
23. See for the British case Cheryl Saunders, "Evolution and Adaptation of the British Constitutional System," in Joachim Jens Hesse and Nevil Johnson, eds., Constitutional Policy and Change in Europe (Oxford, UK: Oxford University Press, 1995), pp. 68-94.
24. See M.J.C. Vile, Constitutionalism and the Separation of Powers (Oxford: Clarendon Press, 1967).
25. For the American case, see Jules Lobel, "The Political Tilt of Separation of Powers," in David Kairys, The Politics of Law (New York: Basic Books, 1998), pp. 591-616. In Europe, the government is part of the legislature. Ironically, in the British system which inspired Montesquieu's Spirit of the Laws, the origin of the "separation of powers"-doctrine, the branches of government are the least separated. See Saunders, "Evolution and Adaptation."
26. Compare, for example, the different understanding of welfare rights, free speech, gun control and judicial activism in Germany and the US. See Jacob, Courts, Law and Politics in Comparative Perspective.
27. John Elster, Claus Offe, and Ulrich K. Preuss, Institutional Design in Post-communist Societies (Cambridge, UK: Cambridge University Press, 1998), p. 63;
28. Louis Henkin, "A New Birth of Constitutionalism: Genetic Influences and Genetic Defects," in: Michael Rosenfeld, ed., Constitutionalism, Identity, Difference, and Legitimacy (Durham: Duke University Press, 1994), pp. 39-56, 40.
29. The emphasis on "modern" is important. Eighteenth-century US "Constitutionalism," for example, was radically different from today's. See also footnote 35.
30. Josef Schumpeter, Capitalism, Socialism, and Democracy (New York: Harper & Row, 1947), p. 269,
31. See for example Philippe C. Schmitter and Terry Lynn Karl, "What Democracy is ... and is not," in: Larry Diamond and Marc F. Plattner, The Global Resurgence of Democracy (Baltimore: John Hopkins University Press, 2nd ed., 1996), pp. 49-62;
32. Karen Dawisha and Bruce Parrott, The Consolidation of Democracy in East Central Europe (Cambridge, UK: Cambridge University Press, 1997), esp. chapters 1 and 2.
33. Faareed Zakaria, "The Rise of Illiberal Democracy," Foreign Affairs, Vol. 76, No. 5 (November/December, 1997), p. 22-43, 22.
34. See also Donald P. Kommers and W.J. Thompson, "Fundamentals in the Liberal Constitutional Tradition," in: Joachim Jens Hesse and Nevil Johnson, eds., Constitutional Policy and Change in Europe (Oxford, UK: Oxford University Press, 1995), p. 23-45.
35. See David Collier, "Democracy with Adjectives," World Politics, Vol. 49, No. 3 (April, 1997), p. 430-451.
36. One of the early well known writers in this tradition is Toqueville. In his Democracy in America, his understanding of the term refers to, on one hand, a social arrangement, and on the other hand, a political system. See Stephen Holmes, "Toqueville and Democracy," in: Kopp/Hampton/Roemer, eds., The Idea of Democracy (Cambridge, UK: Cambridge University Press, 1993), pp. 23-63.
37. Sabrina P. Ramet, Social Currents in Eastern Europe (Durham, NC: Duke University Press, 2nd ed., 1995), p. 14.
38. Herbert McClosky and Alida Brill, Dimensions of Tolerance: What Americans Believe About Civil Liberties (New York: Russel Sage Foundation, 1983).
39. See Ramet, Social Currents, p. 13.
40. For a discussion of cultural relativism, see Michael J. Perry, "Are Human Rights Universal? The Relativist Challenge and Related Matters," Human Rights Quarterly, Vol. 19, No. 3 (1997), 461-509.
41. Moreover, according to some Marxist theorists, "tolerance" is preserving the "oppressive" status quo of bourgeois societies. See Robert P. Wolff, Barrington Moore and Herbert Marcuse, A Critique of Pure Tolerance (Lincoln and London: University of Nebraska Press, 1970).
42. For a "liberal" response, see Alex Callinicos, "Repressive Toleration Revisited: Mill, Marcuse, MacIntyre," in John Horton and Susan Mendus, Aspects of Toleration (New York: Methuen & Co., 1985).
43. Jon Elster and Rune Slagstad, eds., Constitutionalism and Democracy (Cambridge, UK: Cambridge University Press, 1988), p. 2.
44. See Ian Shapiro, ed., The Rule of Law (New York: New York University Press, 1994),
45. A philosophy of the rule of law provides Leon Fuller, The Morality of Law (New Haven: Yale University Press, 1964).
46. R.C. van Caenegem, An Historical Introduction to Western Constitutional Law (Cambridge, UK: Cambridge University Press, 1995), pp. 217-229.
47. See for the Norwegian case Francis Sejersted, "Democracy and the Rule of Law," in: Elster and Slagstad, Constitutionalism and Democracy, pp. 131-152.
48. See for two contending positions Alexander M. Bickel, The Least Dangerous Branch (New York: Howard W. Sams & Co., 1962)
49. and John Hart Ely, Democracy and Distrust (Cambridge, UK: Harvard University Press, 1980).
50. Bickel, The Least Dangerous Branch, p. 16.
51. It needs to be stressed, however, that the same institutional mechanisms can also be used to pursue a radically different ideology. In the period between the 1890s and 1930s, for example, American courts were notorious for invalidating legislation aimed at improving the situation of the working class. Arnold M. Paul, Conservative Crisis and the Rule of Law: Attitudes of Bar and Bench, 1887-1895 (Ithaca, NY: Cornell University Press 1960).
52. Ramet, Social Currents in Eastern Europe, p. 13.
53. See Tom Carothers, "The Rule of Law Revival," Foreign Affairs, Vol. 77, No. 3 (March/April 1998), pp. 95-106
54. for a critique of the over-enthusiastic view; and Robert P. Wolff, ed., The Rule of Law (New York: Simon and Schuster, 1971) for a radical Marxist viewpoint.
55. I will discuss Weber's view in Part III.
56. Prominent East German opposition leader Bärbel Bohley allegedly expressed her frustration about the new rule of law system imported from the west with the often-cited statement "Wir wollten Gerechtigkeit und bekamen den Rechtstaat" (We wanted justice and what we got was the rule of law). See also András Sajó and Vera Losonci, "Rule by Law in East Central Europe: Is the Emperor's New Suit a Straitjacket?," in Douglas Greenberg et al., eds., Constitutionalism and Democracy. Transitions in the Contemporary World (New York: Oxford University Press, 1993), p.325.
57. Sabrina Ramet has demonstrated how the way minorities were treated by the majority populations in post-Leninist Eastern Europe has influenced the probability of ethnic conflict. See Sabrina P. Ramet, Whose Democracy? Nationalism, Religion, and the Doctrine of Collective Rights in post-1989 Eastern Europe (Lanham, MA: Rowman & Littlefield, 1997).
58. Edward. P. Thompson, Wigs and Hunters: The Origin of the Black Act (New York: Pantheon, 1975), pp. 265-266.
59. All citations taken from the translation of the Slovak Constitution in: The International Institute for Democracy, ed., The Rebirth of Democracy (Strasbourg: Council of Europe Publishing, 1996), pp. 319-360.
60. See "Slovakia Politics: September Elections - Fair or Foul," Economist Intelligence Unit, July 9, 1998, on Nexis.
61. This was a last-minute change before the final vote on the constitution. The original draft had followed the Czech model, which stresses the sovereignty of "the citizens of the Czech Republic." See "Slovak parliament adopts republican constitution by large majority," BBC Summary of World Broadcasts, September 3, 1992, on Nexis.
62. The representatives of Hungarian minority boycotted the signing ceremony to protest against this provisions and the refusal to grant the right to self-management in the realm of culture and education. Vladimir Beskromny, "One more country in Europe. Slovakia adopts Constitution," Moscow News, September 13, 1992, on Nexis.
63. Zora Bútorová and Martin Bútora, "Political Parties, Value Orientations and Slovakia's Road to Independence," in Gordon Wightman, Party Formation in East-Central Europe (Aldershot: Edward Elgar, 1995), pp. 107-133;
64. Sharon L. Wolchik, "Democratization and Political Participation in Slovakia," in Karen Dawisha and Bruce Parrot, The Consolidation of Democracy in East Central Europe (Cambridge: Cambridge University Press, 1997), pp. 197-243,
65. and Sabrina P. Ramet, Whose Democracy?, chap. 7.
66. See for various legislative moves to increase his power "Constitutional Watch: Slovakia," in the issues of the East European Constitutional Review (henceforth: EECR), 1994-1996.
67. "President urges parliament to correct unconstitutional decision," BBC Summary of World Broadcasts, September 2, 1997;
68. Siegfried Mortkowicz, "Slovak President Kovac calls Slovakia 'A dictatorship of the majority'," The Prague Post, July 30, 1997, both on Nexis;
69. "Constitutional Watch: Slovakia," EECR, Vol. 4, No. 2 (Spring 1995).
70. "Krajci Violating Rule of Law," CTK National Wire, May 25, 1997;
71. "President calls interior minister's referendum moves 'illegal'," BBC Summary of World Broadcasts, May 24, 1997, both on Nexis.
72. "Agenda 2000 - Commission Opinion on Slovakia's Application for Membership of the European Union," Commission of the European Communities, July 15, 1997;
73. "Slovak Parliament Strips HZDS Defector Of His Mandate," CTK National News Wire, December 4, 1996, all on Nexis.
74. "Slovakia Politics: Headless State," Economist Intelligence Unit, Country Alert, March 6, 1998;
75. Robert Anderson, "Meciar changes poll rules," Financial Times (London), May 22, 1998, both on Nexis.
76. See for example John Chipman, "Court rules Slovak Parliament violated constitution," The Prague Post, July 30, 1997.
77. Art. 125 of the Constitution, establishes the court's jurisdiction over conflicts between "regulations passed by the Government or generally binding rules passed by the ministries [...] and the Constitution."
78. See "Constitutional Watch: Slovakia," EECR, Vol. 4, No. 2 (Spring 1995);
79. "Premier says MPs may ignore Constitutional Court verdict on expelled MP," BBC Summary of World Broadcasts, August 29, 1997, on Nexis.
80. "Nationalist leader challenges court ruling on MP replacement," BBC Summary of World Broadcasts, January 10, 1998, on Nexis.
81. See "Constitutional Watch: Slovakia," EECR, Vol. 4, No. 4 (Fall 1995).
82. See Ramet, Whose Democracy?, p. 134-135.
83. For the media, see Ramet, Whose Democracy?, p. 128-129;
84. Wolchik, "Democratization," p. 224.
85. For the purging of the administration, see "New Administrative Reform Return to Totalitarianism," CTK National News Wire, August 25, 1996, on Nexis.
86. "Council Of Europe Report Slams Slovakia's Human Rights Record," CTK National News Wire, October 24, 1996, on Nexis.
87. See Wolchik, "Democratization," p. 224;
88. Bútorová and Bútora, "Political Parties," p. 121.
89. For the Czech Republic, see "Racially-motivated crimes on the increase," CTK News Agency, March 27, 1997, on Nexis.
90. "Interior Ministry report shows Gypsies frequent target of racial violence," BBC Summary of World Broadcasts, December 17, 1993;
91. "Human Rights Watch unhappy over situation of Gypsies," BBC Summary of World Broadcasts, May 30, 1997;
92. "The Slovak Republic Country Report on Human Rights Practices for 1997," US Department of State, January 30, 1998;
93. "Amnesty International Accuses Slovak Police Of Using Violence," CTK National News Wire, July 7, 1993, all on Nexis.
94. Robert A. Dahl, A Preface to Democratic Theory (Lincoln and London: University of Nebraska Press, 1954), p. 135.
95. See for a discussion of behavioral theories of law M.J.C. Vile, Constitutionalism and the Separation of Powers (Oxford: Clarendon Press, 1967), p. 294-314.
96. See Charles R. Epp, "Do Bills of Rights Matter? The Canadian Charter of Rights and Freedoms," American Political Science Review, Vol. 90, No. 4 (December 1996), pp. 765-779, 765.
97. For a forceful player for the primacy of politics, see Timothy Carton Ash, "Eastern Europe Paradox, Why Some Nations Prosper While Others Decline," The Washington Post, 5 Oct. 1997, p. Cl.
98. For Meciar's crucial role in the Slovak case, see Wolchik, "Democratization," p. 199, 231;
99. Bútorová and Bútora, "Political Parties," p. 123.
100. See John Elster, Claus Offe, and Ulrich K. Preuss, Institutional Design in Post-communist Societies (Cambridge, UK: Cambridge University Press, 1998), p. 297 for a similar discussion.
101. For example, the classic structural interpretation of revolutions Theda Skocpol, States and Social Revolutions (Cambridge, UK: Cambridge University Press, 1979).
102. Ideological aspects of Soviet regime-building are emphasized by Stephen Hanson in "Development, Dependency, and Devolution: The Anomalous Political Economy of Communist and Post-communist Societies," Government and Policy, Vol. 16 (1998), p. 225-246, 241.
103. See Guiseppe dei Palma, To Craft Democracies (Berkeley: University of California Press, 1990);
104. Adam Przeworski, Democracy and the Market (New York: Cambridge University Press, 1991).
105. Barry Weingast, "The Political Foundations of Democracy and the Rule of Law," American Political Science Review, Vol. 91, No. 2 (June 1997), pp. 245-263, 246.
106. Even if key assumptions of the theory have repeatedly been questioned. See Jane J. Mansbridge, ed., Beyond self-interest (Chicago: University of Chicago Press, 1990);
107. Donald P. Green and Ian Shapiro, Pathologies of rational choice theory (New Haven: Yale University Press, 1994).
108. Charles Epp, "Do Bills of Rights Matter?," p. 767.
109. See "Slovakia Politics: September Elections - Fair or Foul," Economist Intelligence Unit, July 9, 1998, on Nexis.
110. András Sajo and Vera Losonci, "Rule by Law in East Central Europe" in: Douglas Greenberg et al., eds., Constitutionalism and Democracy. (New York: Oxford University Press, 1993), pp. 321-335, p. 329.
111. Kevin Done and Robert Anderson, "Facing isolation in the heart of Europe," Financial Times (London), October 28, 1997.
112. See "Agenda 2000 - Commission Opinion on Slovakia's Application for Membership of the European Union," Commission of the European Communities, July 15, 1997, on Nexis.
113. Jon Elster, Claus Offe and Ulrich K. Preuss, Institulional Design in Post-communist Societies (Cambridge, UK: Cambridge University Press, 1998), p. 298-301.
114. Polish Government, Central Statistical Office, Data Dissemination Division, retrieved from the Internet.
115. Elster, Offe and Preuss, Institutional Design, p. 297;
116. István Pogany, "Constitution Making or Constitutional Transformation in Post-Communist Societies?," Political Studies, Vol. 44, No. 3 (1996), pp. 591;
117. Timothy Carton Ash, "Eastern Europe Paradox, Why Some Nations Prosper While Others Decline," The Washington Post, 5 Oct. 1997, p. C1.
118. This thesis had its main origin in Seymour Martin Lipset's Political Man. The Social Bases of Politics. (Garden City: Doubleday, 1960).
119. Chandler Rosenberger and James de Candole, "After velvet, iron.... Continuing political conflict over economic policies in Czechoslovakia," ASAP National Review, July 6, 1992, on Nexis.
120. Elster, Offe and Preuss, Institutional Design, p. 195;
121. Carton Ash, "Eastern Europe Paradox"; "Slovakia's Economy Has Good Results, Sends Out Warning Signals," CTK Business News Wire, Czech News Agency, January 8, 1998, on Nexis;
122. for the Czech situation, see Kristina Larishova "Mythos oder Misere? Das 'tschechische Modell' der Transformation," Internationale Politik, Vol. 53, Nr. 6 (June 1998).
123. The foundational work is Gabriel A. Almond and Sidney Verba: The Civic Culture (Princeton: Princeton University Press, 1963.
124. See for current uses of the concept Karen Dawisha, "Dernocratization and Political Participation: Research Concepts and Methodologies," in: Karen Dawisha and Bruce Parrott, The Consolidation of Democracy in East-Central Europe (Cambridge, UK: Cambridge University Press, 1997), pp. 40-65,
125. and Francis Fukuyama, "The Primacy of Culture," in: Larry Diamond and Marc F. Plattner, The Global Resurgence of Democracy (Baltimore: John Hopkins University Press, 2nd ed. 1996), pp. 320-327.
126. For a detailed critique of the "political culture theory," see David Laitin, "The 'Civic Culture' at Thirty," American Political Science Review, Vol. 89, No. 1 (March 1995), pp. 168-173.
127. Margaret Somers, "What's Political or Cultural about Political Culture and the Public Sphere?," Sociological Theory, Vol. 13, No. 2 (July 1995), pp. 113-144.
128. Bútorová and Bútora, "Political Parties," p. 117-119;
129. Ramet, Whose Democracy?, p. 129.
130. See David Rieff, Slaughterhouse: Bosnia and the Failure of the West (New York: Simon & Schuster, 1995).
131. Francis Fukuyama, "The Primacy of Culture," p. 321.
132. Larry Diamond, "Towards Democratic Consolidation," in Diamond and Plattner, Global Resurgence, p. 228.
133. Larry Diamond, Global Resurgence Ibid., p. 231.
134. Epp, "Do Bills of Rights Matter?," p. 765.
135. Epp, Do Bills of Rights Matter? Ibid., pp. 766-767.
136. Unfortunately, I have no data available.
137. Sheri Berman, "Civil Society and the Collapse of the Weimar Republic," World Politics, Vol. 49, No. 3 (April 1997), pp. 401-430.
138. Stephen E. Hanson and Jeffrey S. Kopstein, "The Weimar/Russia Comparison," Post-Soviet Affairs, Vol. 13, No. 3 (Summer 1997), pp. 252-283.
139. "Hungarian politician blames government racism," Czechoslovak Press Agency, August 4, 1995;
140. "Ruling party congratulates deputies on passing of ' language bill," TASR News Agency (Bratislava),
141. "Matica Trying to Control Slovak History - says Institute Head," Czech News Agency, May 6, 1996, November 16, 1995,
142. "Ministry Rejects SAV History Institute Textbook," Czech News Agency, May 16, 1996, all on Nexis.
143. Stephen E. Hanson, "The Leninist Legacy, Institutional Change, and Post-Soviet Russia," in: Beverly Crawford and Arend Lijphart, eds., Liberalization and Leninist Legacies (Berkeley: University of California, 1997), pp. 228-252, 238.
144. Peter S. Green, "School Text Glorifies Slovakia's Role as a Nazi Puppet," International Herald Tribune (Neuilly-sur-Seine, France), August 13, 1997, p. 5.
145. Milan Syrucek, "Jews Protest against Official Pro-Nazi School Textbook," CTK National News Wire, April 22, 1997, on Nexis.
146. See Andrew A. Michta, "Democratic Consolidation in Poland after 1989," in Karen Dawisha and Bruce Parrott, The Consolidation of Democracy in East-Central Europe (Cambridge, UK: Cambridge University Press, 1997), pp. 67-108, 68-69.
147. Ramet, Whose Democracy?, p. 111-117;
148. Wolchik, "Democratization," p. 199.
149. Wolchik, "Democratization," p. 200-207;
150. Bútorová and Bútora, "Political Parties," p. 110-111.
151. Ramet, Whose Democracy?, p. 111-117.
152. Wolchik, "Democratization," p. 201,
153. Bútorová and Bútora, "Political Parties," p. 111.
154. See Michta, "Democratic Consolidation," p. 68.
155. Elster, Offe and Preuss, Institutional Design, p. 296.
156. Martin Krygier, "The Constitution of the Heart," Law and Social Inquiry, Vol. 20. No. 4 (Fall 1995), p. 1033-1056, 1042;
157. see András Sajó and Vera Losonci, "Rule by Law in East Central Europe: Is the Emperor's New Suit a Straitjacket?," in Douglas Greenberg et al., eds., Constitutionalism and Democracy. Transitions in the Contemporary World (New York: Oxford University Press, 1993), p.325.
158. Inga B. Mikhailowskaia, "Constitutional Rights in Russian Public Opinion," East European Constitutional Review, Vol. 5, No. 1 (Winter 1995), pp. 70-76, 76;
159. Ellen S. Cohn and Susan O. White, "Legal Socialization Effects on Democratization," International Social Science Journal, Vol. 49, No. 2 (June 1997), pp. 151-163.
160. Max Weber, Economy and Society, ed. by G. Roth and C. Wittich (Berkeley: University of California Press, 1978), vol. I, pp. 213-215, 217-254.
161. See Elster, Offe, Preuss, Institutional Design, p. 302. I am grateful to Russel Faeges for valuable information on Max Weber's understanding of nationalism.
162. It is important to remember that Weber is describing ideal types. He pointed out that in the empirical reality, authority is typically based on a mix of the different types of legitimacy. However, Weber assumed that to the extent one type becomes prevalent, the less the others will be less present.
163. Elster, Offe and Preuss, Institutional Design, p. 302.
164. Weber, Economy and Society, Vol. I, p. 241-245.
165. "Slovakia Politics: Headless State," Economist Intelligence Unit, Country Alert, March 6, 1998;
166. Chandler Rosenberger and James de Candole, "After velvet, iron...," Economist Intelligence Unit, Country Alert, 1998; op. cit.
167. Weber, Economy and Society, Vol. I, p. 244;
168. See Veljko Vujacic, "Historical Legacies, Nationalist Mobilization, and Political Outcomes in Russia and Serbia: A Weberian View," Theory and Society, Vol. 25, No. 2 (1996), pp. 763-801, 766.
169. Weber, Economy and Society, Vol. I, p. 393-398.
170. Weber, Economy and Society Ibid., p. 290.
171. See Stephen Hanson, "Development, Dependency, and Devolution," p. 225-246.
172. See Michta, "Democratic Consolidation," p. 68.
173. Kim Lane Scheppele, "Imagined Europe," Keynote Address to the Law and Society Association, July 1996, Glasgow. See also a forthcoming article in the University of Pennsylvania Journal of Constitutional Law, Fall 1998.