ABSTRACT

The most general characterization of the changes that occurred after 1989/90 in the Central and East European region is the turn of these countries from authoritarian or dictatorial form of government to the Rule of Law. What does this general and abstract statement really mean? This chapter approaches this question first by some general remarks and considerations, secondly, from a more practical point of view by examining the traditional elements in the constitutions of the Central and East European democracies. It mainly focuses on how the traditional patterns of constitutionalism have been changed. The chapter suggests that ideas about the separation of powers circulate in the new democracies, which both are old fashioned and rarely or never realized in the continental European political system. It emphasizes the ambition of presidents themselves to enlarge their power. The chapter defines a democratic society as a free society where the rule by the people is combined with a great degree of self-control.