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Dividing The Cake: The Constitutionalization Of Economic Order

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Chapter Summary

This chapter describes five arguments on the implications of privatization for the emerging postcommunist constitutionalism. First, liberal constitutionalism after communism depends on the spontaneous and only partially legalized arrangements that were crucial for the formation of some preconstitutional rights. Second, the process of privatization is initially illegal or semi-legalized. Third, the development of political networks and connections, a form of political capitalism characterizes the paths of economic transformation after the collapse of communism in ECE. Fourth, the constitutionalization of economic transformation in the form of property rights definition and protection comprises a dynamic process taking place in the context of economic freedom. Finally, as a consequence of the tensions and possible contradictions between economic freedoms, liberties, and constitutional protection of property rights, and the daily life practices of property acquisition, the postcommunist constitutionalism faces the danger of distancing itself from the real social processes.

Keywords: communism; constitutionalization; economic transformation



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