Constitutional democracy in Eastern Europe: The role of constitutional courts in democratic consolidation in post -communist Hungary and Poland.

摘要

The dissertation examines the establishment and strengthening of constitutional democracies during democratic consolidation from an institutionalist point of view. Focusing on Hungary and Poland, it examines how the right institutions can advance the creation and strengthening of a constitutional order. Among the institutions special attention is paid to the constitutional courts. The establishment and prominence of constitutional courts in most new democracies in East Central Europe fits into the general trend that was perceivable throughout Western Europe after WWII. The main rationale of these new institutions was to safeguard the democratic order from the return of authoritarianism. The main practical as well as theoretical significance of the introduction of judicial review was that it put an end to the then prevailing primacy of unlimited popular sovereignty and recast the concept of democracy in constitutional, rather than majoritarian terms.;Through the study of two issues, transitional justice and the presidency, the dissertation examines the various functions constitutional courts can play in democratic consolidation in general and in advancing rule of law systems, in resolving constitutional ambiguities and in controlling political actors in particular.;Drawing on the analysis of political events, primary sources, parliamentary minutes, newspaper articles and court decisions, the dissertation concludes that while the courts' record in solving institutional problems cannot be regarded as an unequivocal success, their role in defining fundamental constitutional principles is more praiseworthy. Not only did they manage to settle controversial issues as in the case of transitional justice, they also successfully curbed majoritarian endeavors and steered the new systems towards the acceptance of basic liberal constitutional values.;Such an innovation plays an even more significant role in Eastern Europe, where concepts of majoritarian democracy on the one hand, and reliance on a strong leader, especially in times of difficulties on the other, were prominent due to both communist and pre-communist legacies. Furthermore, the often ambiguous constitutional documents produced by the negotiated transitions, as well as the sometimes irreconcilable aspirations of political forces, provided the courts with a prominent role in shaping the new order.