From Old Times to New Europe: The Polish Struggle for Democracy and Constitutionalism

'The New Europe' considers the post-totalitarian legal framework in today's Europe. It argues that the study of totalitarianism, and post-totalitarianism, continues to be significant as ever, especially within a Europe that is changing and questioning European identity and values. It critically examines the role of judicial officials and identifies two dilemmas they continue to grapple with, namely organisational and, using Sadurski's apt description, as 'holders of constitutional virtue'. To analyse the roles that judicial officials and other key actors have set for themselves, and to examine the components of the post-Communist legal framework, symbolically and otherwise, the book focuses on the common courts and prosecution, commonly known as the prokuratura. The book argues, inter alia, that the judiciary and prokuratura are important components in creating the social understanding that underlies a new regime committed to the rule of law. Here the interest lies in addressing the complexities that inevitably arise from the interaction between the rulers and the ruled. The work seeks to identify those 'hidden structures' of totalitarianism that may be informing emerging and indeed already existing patterns.