Judicial Review in the Socialist Legal System: Current Developments

Ludwikowski, Rett R.

doi:10.1093/iclqaj/37.1.89

Cited by 7 publications

(3 citation statements)

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“…Most prominent here are Save the Children Sweden, also known as Radda Barnen (Kelly, 2003;Radda Barnen, 1999; Save the Children Sweden, 2002), UNICEF (2003, 2004, 2005a, 2005b, 2005c), Plan International and World Population Foundation. Furthermore, Vietnam has not featured in academic accounts of the dismantling of 'socialist legality' which have focused on eastern Europe (Karstedt, 2003;Ludwikowski, 1988;Sajo, 1990;Sypnowich, 1992) and China (Zhao, 2006;Zheng, 1998). 5 In 2008, MOLISA set up a new Children's Bureau to absorb many of the responsibilities of the old Committee for the Protection of Families and Children (CPFC) when this ministry-style body was disbanded.…”

Section: Notesmentioning

confidence: 99%

Juvenile Justice Reform and Policy Convergence in the New Vietnam

Cox

2010

Youth Justice

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This article analyses juvenile justice reform in Vietnam and suggests how this connects with key transformations in wider Vietnamese cultures of control. It offers a grounded investigation of themes raised in recent discussions of policy transfer in the global criminal justice field. It concurs with others that global processes of policy convergence have their local limits, using Vietnamese examples to illustrate where this convergence comes about in practice and where it does not. It explores efforts to professionalize existing community justice practices through a discussion of perceived needs for ‘training’ and for the expansion of ‘counselling’. In doing so, it aims to show how justice practices that might be called ‘neo-welfarist’ are emerging in one of East Asia’s most remarkable political hybrids — the new Vietnam — a communist state that has embraced economic liberalism and, in the process, is creating a new kind of ‘social’ sphere.

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Section: Notesmentioning

confidence: 99%

Juvenile Justice Reform and Policy Convergence in the New Vietnam

Cox

2010

Youth Justice

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“…the case during the pre-Gorbachev years (Berman 1963;Boylan 1998;Butler 1988;Ludwikowski 1983;Plank 1996;Reid 1995;Thomas 1995;Utter and Lundsgaard 1994;Weisman 1995), and it remained so through the late 1980s (Feofanov 1993, 628; but see Sharlet 1993b).…”

Section: The Russian Casementioning

confidence: 99%

The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government

Epstein¹,

Knight²,

Shvetsova³

2001

Law Soc Rev

256

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What role do courts play in the establishment and maintenance of constitutional democracies? To address this question, we elaborate a model that draws on existing substantive literature and on theories that assume strategic behavior on the part of judges, executives, and legislatures. This model, in turn, leads to several behavioral predictions about the interactions among the relevant political actors. Although those predictions could be assessed in many distinct contexts, we focus on Russia. In particular, we provide a demonstration of how the model helps make sense of the behavior of the Constitutional Court (Konstitucjonnyj sud) in light of the difficult political situation it confronted. We conclude with some thoughts on the broader implications of our theory for the study of courts throughout Eastern Europe and how it may well illuminate constitutional politics in other parts of the world.

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“…Writing in 1988, legal scholar Rett Ludwikowski was sceptical about the political rationale and effectiveness of the system of judicial review and saw it as an attempt to gain recognition from the West, understood at the time as the ultimate authority on the rule of law. 2 Such interpretations echoed a central strain of thought on legality in authoritarian states, which has claimed such measures were no more than a means to assert an even greater degree of state control over society. 3 This article instead takes these legal reforms seriously and argues that the introduction of constitutional accountability was a stage in socialist Poland's evolution as an authoritarian Rechtsstaat, which at the same time would address calls for accountability and justice, expressed publicly during the Solidarity revolution.…”

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confidence: 99%

The state tribunal and the paradoxes of socialist legality in 1980s Poland

Szumski

2020

J Mod Eur Hist

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During the tumultuous 1980s, Polish People’s Republic experimented with legal reforms and institutions of the constitutional state. Among these institutions, set up according to the ideas of socialist legality, was the State Tribunal, tasked with determining accountability of the former leadership from the 1970s. Brought to life amid debates around economic crisis and official corruption and legally and politically constrained, the Tribunal failed to satisfy popular demands for justice. This article explores the idea of socialist legality by looking at the history of the State Tribunal in Poland. It analyses different understandings of justice and accountability, expressed during the Solidarity Revolution, and shows how they played out in public debates and the legislative process. In order to guarantee legitimacy in the unstable political situation, Polish socialist legality needed to go further than in other Eastern Bloc countries and to address popular grievances. In Poland therefore, socialist constitutional state-building started before martial law and significantly predated the turn to liberal democracy and market capitalism in 1989.

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Judicial Review in the Socialist Legal System: Current Developments

Cited by 7 publications

References 0 publications

Juvenile Justice Reform and Policy Convergence in the New Vietnam

Juvenile Justice Reform and Policy Convergence in the New Vietnam

The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government

The state tribunal and the paradoxes of socialist legality in 1980s Poland

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