Chapters in this book

1. Frontmatter i
2. Contents iv
3. List of Tables and Figures vi
4. Introduction 1
5. Contributors 1
6. Part One · Constitutionalism
7. Transitional Constitutionalism: Simplistic and Fancy Theories 8
8. Democracy by Judiciary. Or, why Courts Can be More Democratic than Parliaments 24
9. Rethinking Judicial Review: Shaping the Toleration of Difference? 60
10. Foxes, Hedgehogs, and Learning: Notes on the Past and Future Dilemmas of Postcommunist Constitutionalism 74
11. Democratic Norm Building and Constitutional Discourse Formation in Estonia 89
12. Part Two · Dealing with the Past
13. Between Nemesis and Justitia: Dealing with the Past as a Constitutional Process 119
14. Transitional Justice in Belgium, France, and the Netherlands After World War II: Innovations, Transgressions, and Lessons to Be Learned 131
15. Transitional Justice After the Breakdown of the German Democratic Republic 149
16. Models of Transition—Old Theories and Recent Developments 187
17. Restitutive Justice, Rule of Law, and Constitutional Dilemmas 209
18. Constitutional Courts and the Past in Democratic Transition 230
19. Part Three · Rule of Law
20. Rethinking the Rule of Law After Communism 259
21. Transitional Rule of Law 272
22. Constitutional Symbolism and Political (Dis)continuity: Legal Rationality and Its Integrative Function in Postcommunist Transformations 288
23. Corruption, Anti-Corruption Sentiments, and the Rule of Law 316
24. Central Europe’s Second Constitutional Transition: The EU Accession Phase 333
25. List of Contributors 362
26. Index 367