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Judicial Pluralism and the Rule of Law: Lessons from Central and Eastern Europe |
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Abstract:
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Why do courts collide in the process of constitutional revolutions? Why does constitutional entrenchment of individual rights and independent judiciary generate rivalries among high courts? Are conflicts among high courts unique to post-communist constitutional transformation? Finally, why should we care about these seemingly narrow and technical issues of interactions between constitutional courts and the rest of the judiciary? |
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court (255), constitut (255), suprem (148), judici (127), law (125), decis (118), judg (103), russian (98), power (77), review (69), case (68), czech (60), region (56), ordinari (56), new (47), 2003 (46), right (42), regular (42), rcc (41), may (38), post (38), |
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Association:
Name: American Political Science Association
URL: http://www.apsanet.org
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Citation:
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MLA Citation:
| Trochev, Alexei. "Judicial Pluralism and the Rule of Law: Lessons from Central and Eastern Europe" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL, Aug 30, 2007 <Not Available>. 2011-06-09 <http://www.allacademic.com/meta/p209335_index.html> |
APA Citation:
| Trochev, A. , 2007-08-30 "Judicial Pluralism and the Rule of Law: Lessons from Central and Eastern Europe" Paper presented at the annual meeting of the American Political Science Association, Hyatt Regency Chicago and the Sheraton Chicago Hotel and Towers, Chicago, IL Online <APPLICATION/PDF>. 2011-06-09 from http://www.allacademic.com/meta/p209335_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Why do courts collide in the process of constitutional revolutions? Why does constitutional entrenchment of individual rights and independent judiciary generate rivalries among high courts? Are conflicts among high courts unique to post-communist constitutional transformation? Finally, why should we care about these seemingly narrow and technical issues of interactions between constitutional courts and the rest of the judiciary? |
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| Document Type: |
application/pdf |
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48 |
| Word count: |
14391 |
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| Judicial Pluralism and the Rule of Law: Lessons from Central & Eastern Europe Dr. Alexei Trochev Research Associate Institute of Intergovernmental Relations School of Policy Studies Queen’s University Kingston ON K7L 3N6 Canada trocheva@queensu.ca Draft: Please do not cite without permission Presented at the Annual Meeting of the American Political Science Association Chicago August 30 2007 Part 1. Introduction. On January 24 2003 Marat Baglai the then Chairman of the Russian Constitutional Court marked the 80th anniversary of the |
| 47 willingness of criminal courts to protect these rights. Protecting social and economic rights as mandated by the CC decisions also requires the obedience of regular courts. In short effective protection of constitutional rights is impossible without co-operation among different branches of the judiciary. And if we want to learn more about the process of instilling the Rule of Law regimes we need to account for the changes in judicial behavior. Fortunately for scholars (but unfortunately for the plaintiffs) |
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