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Whither Communism: a Comparative Perspective on Constitutionalism in a Postsocialist Cuba Jon L
University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 2009 Whither Communism: A Comparative Perspective on Constitutionalism in a Postsocialist Cuba Jon L. Mills University of Florida Levin College of Law, [email protected] Daniel Ryan Koslosky Follow this and additional works at: http://scholarship.law.ufl.edu/facultypub Part of the Comparative and Foreign Law Commons Recommended Citation Jon Mills & Daniel Ryan Koslosky, Whither Communism: A Comparative Perspective on Constitutionalism in a Postsocialist Cuba, 40 Geo. Wash. Int'l L. Rev. 1219 (2009), available at, http://scholarship.law.ufl.edu/facultypub/522 This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. WHITHER COMMUNISM: A COMPARATIVE PERSPECTIVE ON CONSTITUTIONALISM IN A POSTSOCIALIST CUBA JON MILLS* AND DANIEL RYAN KOSLOSIc4 I. INTRODUCTION ........................................ 1220 II. HISTORY AND BACKGROUND ............................ 1222 A. Cuban ConstitutionalLaw .......................... 1223 1. Precommunist Legacy ........................ 1223 2. Communist Constitutionalism ................ 1225 B. Comparisons with Eastern Europe ................... 1229 1. Nationalizations in Eastern Europe ........... 1230 2. Cuban Expropriations ........................ 1231 III. MODES OF CONSTITUTIONALISM: A SCENARIO ANALYSIS. 1234 A. Latvia and the Problem of ConstitutionalInheritance . 1236 1. History, Revolution, and Reform ............. 1236 2. Resurrecting an Ancien Rgime ................ 1239 B. Czechoslovakia and Poland: Revolutions from Below .. 1241 1. Poland's Solidarity ........................... 1241 2. Czechoslovakia's Velvet Revolution ........... 1244 3. New Constitutionalism ....................... 1248 C. Hungary's GradualDecline and Decay .............. -
Twenty Years After the Iron Curtain: the Czech Republic in Transition Zdeněk Janík March 25, 2010
Twenty Years after the Iron Curtain: The Czech Republic in Transition Zdeněk Janík March 25, 2010 Assistant Professor at Masaryk University in the Czech Republic n November of last year, the Czech Republic commemorated the fall of the communist regime in I Czechoslovakia, which occurred twenty years prior.1 The twentieth anniversary invites thoughts, many times troubling, on how far the Czechs have advanced on their path from a totalitarian regime to a pluralistic democracy. This lecture summarizes and evaluates the process of democratization of the Czech Republic’s political institutions, its transition from a centrally planned economy to a free market economy, and the transformation of its civil society. Although the political and economic transitions have been largely accomplished, democratization of Czech civil society is a road yet to be successfully traveled. This lecture primarily focuses on why this transformation from a closed to a truly open and autonomous civil society unburdened with the communist past has failed, been incomplete, or faced numerous roadblocks. HISTORY The Czech Republic was formerly the Czechoslovak Republic. It was established in 1918 thanks to U.S. President Woodrow Wilson and his strong advocacy for the self-determination of new nations coming out of the Austro-Hungarian Empire after the World War I. Although Czechoslovakia was based on the concept of Czech nationhood, the new nation-state of fifteen-million people was actually multi- ethnic, consisting of people from the Czech lands (Bohemia, Moravia, and Silesia), Slovakia, Subcarpathian Ruthenia (today’s Ukraine), and approximately three million ethnic Germans. Since especially the Sudeten Germans did not join Czechoslovakia by means of self-determination, the nation- state endorsed the policy of cultural pluralism, granting recognition to the various ethnicities present on its soil. -
Young Czechs' Perceptions of the Velvet Divorce and The
YOUNG CZECHS’ PERCEPTIONS OF THE VELVET DIVORCE AND THE MODERN CZECH IDENTITY By BRETT RICHARD CHLOUPEK Bachelor of Science in Geography Bachelor of Science in C.I.S. University of Nebraska Kearney Kearney, NE 2005 Submitted to the Faculty of the Graduate College of the Oklahoma State University in partial fulfillment of the requirements for the Degree of MASTER OF SCIENCE July, 2007 YOUNG CZECHS’ PERCEPTIONS OF THE VELVET DIVORCE AND THE MODERN CZECH IDENTITY Thesis Approved: Reuel Hanks Dr. Reuel Hanks (Chair) Dale Lightfoot Dr. Dale Lightfoot Joel Jenswold Dr. Joel Jenswold Dr. A. Gordon Emslie Dean of the Graduate College ii ACKNOWLEDGEMENTS I would like to thank my advisor, Dr. Reuel Hanks for encouraging me to pursue this project. His continued support and challenging insights into my work made this thesis a reality. Thanks go to my other committee members, Dr. Dale Lightfoot and Dr. Joel Jenswold for their invaluable advice, unique expertise, and much needed support throughout the writing of my thesis. A great deal of gratitude is due to the faculties of Charles University in Prague, CZ and Masaryk University in Brno, CZ for helping administer student surveys and donating their valuable time. Thank you to Hana and Ludmila Svobodova for taking care of me over the years and being my family away from home in the Moravské Budejovice. Thanks go to Sylvia Mihalik for being my resident expert on all things Slovak and giving me encouragement. Thank you to my grandmother Edith Weber for maintaining ties with our Czech relatives and taking me back to the ‘old country.’ Thanks to all of my extended family for remembering our heritage and keeping some of its traditions. -
Symbols of Czech and Slovak Political Parties After the “Velvet Revolution”
Symbols of Czech and Slovak Political PROCEEDINGS Parties After the “Velvet Revolution” Aleš Brozˇek Communist totalitarianism did not tolerate the existence of political parties, nor of any independent organizations between the state and the family. The situation in Czecho- slovakia fortunately was not as severe as in the Soviet Union. Czech and Slovak citizens could join a limited number of organisations and associations which mainly used emblems, although some of them had flags. The Vexillology Club researched them in 1977 and published a report on them in its periodical in 19781. No article has yet appeared on the symbols of Czech and Slovak political parties, although such an article should be of interest not only to Czech vexillologists, but to others too. Fig. 1 After the Communist putsch of February 1948, apart from the Communist Party of Czechoslovakia four other Some members of the Czechoslovak Socialist Party, the parties were tolerated, the Czechoslovak Socialist Party, Czechoslovak People’s Party and the Communist Party the Czechoslovak People’s Party, the Democratic Party were instrumental in the rise of the Czech Civic Forum, and the Liberation Party. However they had to give up but their secretariats maintained their own policy and their own programs, accept that of the Communist Party did not cooperate with the Civic Forum. They continued and that of the National Front, and to recognise the to use their own emblems, which in some cases were so-called “leading role” of the Communist Party. The completely and in others only slightly changed in the November 1989 revolution meant the end of the one- following years. -
The Rise and Decline of the New Czech Right
Blue Velvet: The Rise and Decline of the New Czech Right Manuscript of article for a special issue of the Journal of Communist Studies and Transition Politics on the Right in Post-Communist Central and Eastern Europe Abstract This article analyses the origins, development and comparative success centre-right in the Czech Republic. It focuses principally on the the Civic Democratic Party (ODS) of Václav Klaus, but also discusses a number of smaller Christian Democratic, liberal and anti-communist groupings, insofar as they sought to provide right-wing alternatives to Klaus’s party. In comparative terms, the article suggests, the Czech centre-right represents an intermediate case between those of Hungary and Poland. Although Klaus’s ODS has always been a large, stable and well institutionalised party, avoiding the fragmentation and instability of the Polish right, the Czech centre- right has not achieved the degree of ideological and organisational concentration seen in Hungary. After discussing the evolution and success of Czech centre-right parties between 1991 and 2002, the article reviews a number of factors commonly used to explain party (system) formation in the region in relation to the Czech centre- right. These include both structural-historical explanations and ‘political’ factors such as macro-institutional design, strategies of party formation in the immediate post-transition period, ideological construction and charismatic leadership. The article argues that both the early success and subsequent decline of the Czech right were rooted in a single set of circumstances: 1) the early institutionalisation of ODS as dominant party of the mainstream right and 2) the right’s immediate and successful taking up of the mantel of market reform and technocratic modernisation. -
Events That Led to the Czechoslovakian Prague Spring and Its Immediate Aftermath
Trinity College Trinity College Digital Repository Senior Theses and Projects Student Scholarship Spring 2015 Events that led to the Czechoslovakian Prague Spring and its immediate aftermath Natalie Babjukova Trinity College, [email protected] Follow this and additional works at: https://digitalrepository.trincoll.edu/theses Recommended Citation Babjukova, Natalie, "Events that led to the Czechoslovakian Prague Spring and its immediate aftermath". Senior Theses, Trinity College, Hartford, CT 2015. Trinity College Digital Repository, https://digitalrepository.trincoll.edu/theses/469 Events that led to the Czechoslovakian Prague Spring and its immediate aftermath Senior thesis towards Russian major Natalie Babjukova Spring 2015 ` The invasion of Czechoslovakia by the Soviet Union on August 21 st 1968 dramatically changed not only Czech domestic, as well as international politics, but also the lives of every single person in the country. It was an intrusion of the Soviet Union into Czechoslovakia that no one had expected. There were many events that led to the aggressive action of the Soviets that could be dated way back, events that preceded the Prague Spring. Even though it is a very recent topic, the Cold War made it hard for people outside the Soviet Union to understand what the regime was about and what exactly was wrong about it. Things that leaked out of the country were mostly positive and that is why the rest of the world did not feel the need to interfere. Even within the country, many incidents were explained using excuses and lies just so citizens would not want to revolt. Throughout the years of the communist regime people started realizing the lies they were being told, but even then they could not oppose it. -
Changes in Former Communist States Kenneth Janda Northwestern University July, 1993 from World War II to 1989, Most of the Commu
Changes in Former Communist States Kenneth Janda Northwestern University July, 1993 Submitted to Encyclopedia Britannica as “Changes in Former Communist States,” to replace the section, “Patterns in Communist states,” in the chapter on “Political Parties and Interest Groups.” From World War II to 1989, most of the communist nations in Eastern Europe were ruled by a single Communist Party (as in Albania Czechoslovakia, Hungary, Romania, and the USSR), or by a Communist Party that dominated one or more satellite parties in a hegemonic multiparty system (as in Bulgaria, Poland, and East Germany). Falling somewhere between these categories was Yugoslavia, which was governed by a League of Communists composed of communist parties based in its several ethnic republics. Following the fall of the Berlin Wall in November 1989, these party systems were entirely transformed. By 1990, each country (Albania in 1991) quickly held relatively free elections that shattered the old regime. In most cases, power was transferred to those with little connection to the old leadership or who were dissident communists. In most cases, the former Communist Parties soon disbanded or reformed under different names to compete with new parties for votes and political influence. The parties and party systems in these countries are not yet institutionalized, and they will need time, perhaps decades, to achieve stability and acquire popular value. This slow process is common to countries seeking democratic government after authoritarian rule. The first wave of elections tended to go heavily against Communist candidates and toward candidates backed by mass popular movements. In Poland, for example, Lech Walesa’s labor-based Solidarity movement swept nearly all the offices it contested in 1989. -
Devolution Or Deconstruction Czecho-Slovak Style
Michigan Journal of International Law Volume 13 Issue 4 1992 Devolution or Deconstruction Czecho-Slovak Style Eric Stein University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mjil Part of the Comparative and Foreign Law Commons, and the Constitutional Law Commons Recommended Citation Eric Stein, Devolution or Deconstruction Czecho-Slovak Style, 13 MICH. J. INT'L L. 786 (1992). Available at: https://repository.law.umich.edu/mjil/vol13/iss4/2 This Essay is brought to you for free and open access by the Michigan Journal of International Law at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in Michigan Journal of International Law by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. DEVOLUTION OR DECONSTRUCTION CZECHO-SLOVAK STYLE Eric Stein * This essay is a part of a broaderstudy entitled "Post-communist Con- stitution-making: Confessions of a Comparatist" which focuses on Czechoslovakia. The present Czech and Slovak Federative Republic is a unique variant offederalism. It is composed of only two component units (shades of Leb- anon, Cyprus, perhaps Belgium), and it is seriously asymmetric: demo- graphically, there are twice as many Czechs and Moravians in the Czech Republic as there are Slovaks in the Slovak Republic; economically, the Czech area has been highly industrialized while Slovak industrialization has come much later and is less diversified; historically, the Czech lands have had a long tradition of politicaland cultural identity even as part of the Austro-HungarianEmpire, while the Slovaks remained under an op- pressive Hungarian dominance for a thousand years until the establish- ment of the Czechoslovak Republic in 1918. -
The Third Gate: Naturalization Legislation in Central and Eastern
ABSTRACT Through citizenship laws, a state defines its population and identifies who belongs and who does not. This notion is intuitive, but how does a state decide who gets to be a member? Moreover, citizenship requirements vary dramatically around the globe. Thus, the central question of my study is this: why is it easier to become a citizen in some countries than in others? Because the current understanding of citizenship issues is based primarily on analyses of the established democracies of the West, I expand the scope of these studies by investigating these issues in the post-communist Central and Eastern Europe. Many of these states are newly independent, allowing me to capture issues of citizenship at a founding moment for emerging democracies. They are addressing questions of nationhood and constitution-building for the first time in decades. Once limited to places of transit migration, these states are now destinations for immigrants. Ethnic tensions, democratization, economic incentives, and newfound mobility are feeding migratory patterns. Yet these states are simply not accustomed to being terminuses for migration. Given their history and their present political and economic situations, they are poorly equipped to deal with these new demands. ii I construct an analytical framework that remedies the lack of theoretical agenda in previous works on citizenship policy and law. My framework is composed of two differing perspectives on the central dynamics of naturalization legislating, one focusing on domestic factors and the other on international ones. My analysis of these approaches is informed by normative understandings of what membership should look like in liberal democracies. -
Drawing Lessons from Dissolution of Czechoslovakia in Addressing Possible Brexit Implications
European Scientific Journal April 2017 /SPECIAL/ edition ISSN: 1857 – 7881 (Print) e - ISSN 1857- 7431 Drawing Lessons from Dissolution of Czechoslovakia in Addressing Possible Brexit Implications Blanka Holigova, (PhDr.) Lecturer at the Government Office of the Slovak Republic, Slovakia Abstract It may appear there are hardly two other states that could be more different from each other than it is in the case of Czechoslovakia and the United Kingdom of Great Britain and Northern Ireland, however in hindsight of the latest development after the Brexit referendum and before triggering the notorious Article 50 of the Lisbon Treaty there could be some lessons drawn from the former development after the collapse of the Communist bloc setting into motion huge political changes in Europe from the perspective of dissolution of Czechoslovakia. Keywords: Czechoslovakia, United Kingdom, state, dissolution Introduction In my academic career, there are two states I look up to most: thanks to a huge political change, the first one does not exist anymore and the second one´s existence is currently being challenged as a result of another huge political change. The two states I am going to talk about are Czechoslovakia and the United Kingdom. Born in the early 80´s in Czechoslovakia and after the Velvet Revolution in 1989 removing the communist regime from power in the country I was able to watch the further development of political and cultural relations between two nations who shared a common state for almost 70 years (69; 75 respectively). I had the opportunity to see and experience immense political changes after the collapse of the Communist bloc resulting in dissolution of not only the Soviet Union itself, but another states of the bloc such as Yugoslavia and of course, Czechoslovakia. -
Was the Cold War Really Cold?
NORTHERN MICHIGAN INQUIRY HUB High School US History Inquiry Was The Cold War Really Cold? Supporting Questions 1. Identify and explain events that could be described as “cold” during the Cold War Era 2. What were the “Hot” wars during the Cold War? 3. How did the Cold War End? Licensed under Creative Commons Attribution: NonCommercial-Share Alike 4.0 Intl. License NORTHERN MICHIGAN INQUIRY HUB HS US History Inquiry Compelling Question Michigan Content 8.1.1 Origins and Beginnings of the Cold War – analyze the factors that contributed to Expectations: the Cold War 8.1.2 Foreign Policy During the Cold War – compare the causes and consequences of the American policy of containment 8.1.3 End of the Cold War – describe the factors that led to the end of the Cold War. Staging the View and discuss the following song: Billy Joel - “We Didn’t Start the Fire” music and Compelling video Question: https://www.youtube.com/watch?v=eFTLKWw542g Supporting Question 1 Supporting Question 2 Supporting Question 3 Identify and explain What were the “Hot” How did the Cold War events that could be de- wars during the Cold End? scribed as “cold” during War? the Cold War Era Formative Performance Formative Performance Formative Performance Task Task Task Make a T Chart, on one side Continue on your T chart Make a timeline of events label it as “Cold” events of and label the other side as that led up to the end of the the Cold War “Hot” List events that turned Cold War “hot” during the Cold War Featured Sources Featured Sources Featured Sources Cold War Timeline US Enters the Korean War Berlin Wall Speech Crash Course Cold War US Enters Korean War Press Glasnos and Perestroika How the Cold War Got its Release Article Name Proxy War - Vietnam The Collapse of the Soviet American History “The Cold Union Article War” Summative Argument “Was the Cold War Really Cold?” In the Summative Performance Task, Performance Task students address this issue by supporting their answers with evidence. -
The Struggle Over 1989
The struggle over 1989 The rise and contestation of eastern European populism Bogdan Iacob, James Mark, Tobias Rupprecht 3 September 2019 Eastern Europe is clearly part of a global populist wave, and is now part of the western right-wing populist imaginary as the bedrock for 'pure' European values. Only by looking at '1989' from a new angle can we see how populist governments' rejection of a 'decadent' and 'imperialist' West merely continues a communist stance, despite their strident anti-communist rhetoric. The spread of populist governments in eastern Europe over the last decade, and their nationalist challenging of core tenets of western liberalism, has given currency to talk about a ‘new east-west divide’. A notion has taken hold that draws on a longer history of western views of eastern backwardness: a specifically eastern illiberal ‘infection’ is allegedly threatening the stability of the entire European project. In this vein, former US Secretary of State Hillary Clinton called upon ‘the EU and the people of Europe to resist the backsliding we are seeing in the east’. [1] Yet the parallel ascent of populist parties in much of the West, and a wave of anti-populist mass protests in the east, suggest the divide is not defined by geography alone. As we argue in 1989: A Global History of Eastern Europe, the current wave of east European populism, while rooted in local nationalist traditions, is best understood by also considering its global ideological bedfellows. Nativists in eastern Europe, and those who embrace similar forms of ethnonationalist cultural traditionalism elsewhere, have mutually reinforced each other.