Published online by Cambridge University Press: 01 July 2024
As part of the dramatic reforms now sweeping through Eastern Europe, a number of socialist states have enacted new legislation enabling courts to review the legality of administrative decisionmaking. In this essay, I will speculate about the likely development of a socialist rule of law. Using examples from capitalist and socialist law, I will argue that judicial review is at odds both with the long-range ideological goals of socialist societies and with the daily constraints operating on socialist officials and citizens. However, even if judicial review itself is unlikely to gain significant impact in socialist societies as we know them, other changes brought about by socialist law reforms will increasingly help to shelter a socialist citizen against the arbitrary use of state power.
A version of this paper will appear in Comparative and Private International Law: Essays in Honor of John Henry Merryman on His Seventieth Birthday. Berlin: Duncker & Humblot, forthcoming.
United States
East Germany