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Czecho/Slovakia: Ethnic Conflict, Constitutional Fissure, Negotiated Breakup
Eric Stein
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As the clock struck midnight on December 31, 1992, Czechoslovakia, the only genuine democracy in post-World War I Central-Eastern Europe, broke up into two independent successor states. This book explores the failed search for a postcommunist constitution and it records in a lively style a singular instance of the peaceful settlement of an ethnic dispute.
For more than three years after the implosion of the Communist regime in 1989, the Czechs and Slovaks negotiated the terms of a new relationship to succeed the centralized federation created under communism. After failing to agree to the terms of a new union, the parties agreed on an orderly breakup.
In the background of the narrative loom general issues such as: What are the sources of ethnic conflict and what is the impact of nationalism? Why do ethnic groups choose secession and what makes for peaceful rather than violent separation? What factors influence the course of postcommunist constitutional negotiations, which are inevitably conducted in the context of institutional and societal transformation? The author explores these issues and the reasons for the breakup.
Eric Stein, a well-known scholar of comparative law and a native of Czechoslovakia, was invited by the Czechoslovak government to assist in the drafting of a new constitution. This book is based on his experiences during years of work on these negotiations as well as extensive interviews with political figures, journalists, and academics and extensive research in the primary documents. It will appeal to historians, lawyers, and social scientists interested in the process of transformation in Eastern Europe and the study of ethnic conflict, as well as the general reader interested in modern European history.
Eric Stein is Hessel E. Yntema Professor Emeritus, University of Michigan Law School. He previously served with the United States Department of State in the Legal Advisor's Office. He is the author of many books and articles on comparative law and the law of the European Community.
For more than three years after the implosion of the Communist regime in 1989, the Czechs and Slovaks negotiated the terms of a new relationship to succeed the centralized federation created under communism. After failing to agree to the terms of a new union, the parties agreed on an orderly breakup.
In the background of the narrative loom general issues such as: What are the sources of ethnic conflict and what is the impact of nationalism? Why do ethnic groups choose secession and what makes for peaceful rather than violent separation? What factors influence the course of postcommunist constitutional negotiations, which are inevitably conducted in the context of institutional and societal transformation? The author explores these issues and the reasons for the breakup.
Eric Stein, a well-known scholar of comparative law and a native of Czechoslovakia, was invited by the Czechoslovak government to assist in the drafting of a new constitution. This book is based on his experiences during years of work on these negotiations as well as extensive interviews with political figures, journalists, and academics and extensive research in the primary documents. It will appeal to historians, lawyers, and social scientists interested in the process of transformation in Eastern Europe and the study of ethnic conflict, as well as the general reader interested in modern European history.
Eric Stein is Hessel E. Yntema Professor Emeritus, University of Michigan Law School. He previously served with the United States Department of State in the Legal Advisor's Office. He is the author of many books and articles on comparative law and the law of the European Community.
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Cover
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Title
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Copyright
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Dedication
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Contents
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Foreword
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Acknowledgments
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Preface
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Abbreviations
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A Framework
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1. The Questions
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2. Some Thoughts on Nationalism and Ethnic Conflict
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3. Sources of Ethnic Conflict
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4. On Negotiation for a Constitution: General Criteria
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Prologue
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I. The Setting
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1. Constitution Makers and Foreign Advisors
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a. The Actors
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b. The Stage
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2. A Lesson in Self-Knowledge
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3. On Asymmetric Federation—and Beyond
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4. A Parenthesis: On a Good “Gestalt”
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II. The Asymmetry of the Czech and Slovak State
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1. Environmental Conditions: Geography, Demography, Ethnicity, Economy
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2. Social Conditions: History, Religion, Culture
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3. An Interlude: A “Contempt” Theory
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4. Political Conditions
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III. The Threshold Issues
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1. The Scope and Flexibility of Constitutions
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2. On Modifying Constitutions
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3. On Supremacy of Federal Law
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4. The Constitution as a Symbol
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5. On Secession and Referendum
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6. The Constitution and Society
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7. What Federation?
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8. The Arena
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a. The Principal Institutions
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b. The Early Process
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First Act
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IV. The Negotiations for Devolution (1990)
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1. “The Hyphen War”: A Revelation (January—April 1990)
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2. Negotiating a Power-Sharing Law (April—December 1990)
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a. A Historic First: Lnár̆e
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b. A Private Rendezvous (July 1990)
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c. A Triad Quadrille (August—November 1990)
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d. The Power-Sharing Bill in the Parliaments—President’s “Crisis” Proposals
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3. The New Power-Sharing Law (December 1990)
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a. “From the Top” or “From Below”?
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b. Allocative Patterns: A Comparative Aside
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c. The Chosen Pattern
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d. The Emerging Jurisdictional Conflicts: The Constitutional Court Speaks
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e. An Afterthought: Spotlight on the “Heroes”
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V. The June 1990 Elections and the Changing Scene
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1. The Elections
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2. Political Differentiation in Context
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a. In the Czech Republic: A Cleavage
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b. In Slovakia: A Split, Mečiar Dismissed (April 1991)
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3. An Afterthought: More on “the Heroes”
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4. An Interlude: The Federal Assembly, a Success Story?
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Second Act
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VI. Negotiations on a “Treaty” (Winter—Spring 1991)
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1. The Proposal for a “State Treaty,” “a Bombshell?” (February 1991)
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2. Comments by the International Group
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3. The President’s Legislative Initiative (March 1991)
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4. “From Castles to Manors”: Presidential Talks (Winter—Spring 1991)
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a. Prelude to Kroměr̆íž: “The Plank Compromise”
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b. Who Stands Where for What?
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c. Kroměr̆íž: The President Bows Out (June 1991)
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d. On Negotiation Forums and Tactics
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5. A Side Issue: Moravia-Silesia
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6. An Interlude: Bratislava and Prague in Spring 1991
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VII. Slouching toward Bethlehem (Summer-Fall 1991)
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1. The Darkening Sky
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2. The Referendum Law Adopted
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3. The Republic Legislatures Take Over: New Bottles—Old Wine (September-November 1991)
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a. In Bratislava: Some Progress?
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b. In the Baroque Štir̆ín
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c. In the President’s Mountain “Hut” at Hrádeček: A Major Czech Concession?
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d. In Častá-Papiernička: Facing the Core Issue
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e. In the Federal Assembly: The End of the Referendum Route?
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VIII. The President’s Call to Arms (Fall 1991-Winter 1992)
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1. An Appeal to Citizens
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2. The Five Legislative Proposals
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3. The Politicians Respond
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4. The Federal Assembly Response
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a. The Debate on the President’s Proposals
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i. Yes in Principle
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ii. Yes But (Really No?)
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iii. No
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5. Some Thoughts and Afterthoughts
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6. Coda: Behind the Budget Imbroglio
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IX. Back to the Republics’ Legislatures: The Last Hurrah (February 1992)
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1. Prelude to Milovy
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2. In Snowbound Milovy: An Agreement in Sight?
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a. On the Status of the Treaty
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i. First Parenthesis: The Curse of “Sovereignty”
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b. On Foreign Affairs Powers and “International Subjectivity”: Milovy Continued
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ii. Second Parenthesis: The Disputed Treaty-Making Power
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c. Once More: The Allocation of Competences— “Sovereignty” Again: Milovy Continued
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d. The Institutions: “The Three Heads”
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e. Summing Up
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3. The Milovy Text in the Presidia
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4. “The Three Heads” in the Federal Assembly: The Dead End
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X. Onward to the Elections (Spring 1992)
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1. The Campaign
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2. The June 1992 Elections: “The Center Cannot Hold”
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a. With the Czechs to the Right
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b. “The Earthquake” in Slovakia
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3. Monday Morning After and Hindsight
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4. Prague in Spring 1992: The Last Interlude
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a. A View from an Island
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b. The Lady Has a Toothache
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c. Havel Not Reelected
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d. Up and Down with Law Students and Lawyers
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e. On Havel, Lincoln, and the King of Sweden
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Third Act
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XI. The Lion v. the Unicorn: The Breakup (Summer 1992)
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1. The Five Rounds (June-July 1992)
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a. Round One: Testing
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b. Round Two: Facing Two Alternatives—Federation or “Confederation”
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c. Round Three: Crossing the Rubicon
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d. Round Four: The Political Agreement
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2. The Context
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a. The Three New Governments
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b. Havel Resigns (July 1992)
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3. Round Five: A New Political Agreement
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4. In the Federal Assembly, Again Referendum? (August 1992)
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5. Round Six: Setting the Date
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a. A Stumble
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b. A “Union” Again: A “Trial Balloon”?
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c. Return to the Plane Tree
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6. Summing Up: Spotlight on “the Heroes-Villains”
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XII. The Deed Is Done (Fall 1992)
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1. An Overview
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a. At the Federal Level
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b. At the Republic Level
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2. The Defiant Federal Assembly (September—October 1992)
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a. The “Extinction” Bill: Legitimate Process or Treason?
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b. The Opposition Triumphs: A “Union”?
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c. The Reaction: Tension Grows
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d. Klaus v. Mečiar Again: The Seventh Round—Jihlava
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e. Jihlava Afterglow
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3. Toward a New Form of Coexistence: Bilateral Treaties (October-November 1992)
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a. Koloděje: “Trust Restored” and Treaties Discussed
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b. Javorina: Treaties Agreed
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c. Židlochovice: Eight More Treaties Agreed
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XIII. Back to the Federal Assembly: Facing the Opposition (Fall 1992 Continued)
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1. New Federal Government Program
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2. Dividing Federal Property
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a. The Government Bill
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b. The Opposition
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3. The Vote
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4. Havel for President and the End of an Era
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5. At the End: Again the “Extinction” Bill
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a. The Overture
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b. The Revamped Bill: Reaching for a Common Language
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c. The Confrontation on the Referendum
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d. The Final Vote: Part One
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e. In the Meantime … Another Round
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f. The Final Vote: Part Two (November 1992)
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g. The Aftermath: A Flood of Words
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Fourth Act
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XIV. Constitutions for the Independent Republics
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1. The Slovak Constitution, September 1992: Montesquieu Bowdlerized?
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a. The Process
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b. “We, the Slovak Nation”—The Institutions
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c. Basic Rights and Freedoms
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d. The Judiciary
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e. The Major Influences—a Postscript
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2. The Czech Constitution, December 1992: Back to 1920?
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a. The Process
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b. The Issues—Criticism
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i. “We, the Citizens”
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ii. The Legislature: A Senate? The Voting Procedure
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iii. The President and the Government
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iv. The Charter of Basic Human Rights and Freedoms
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v. The Territorial Division
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vi. On Referendum and Constitutional Amendment
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vii. The Lion and the Lamb: A Mismatch Made in Heaven?
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A Comparative Parenthesis
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Epilogue
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XV An Overview: Some Answers and Some Reflections at the End of the Day
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1. Sources of Ethnic Conflict and Causes of Separation
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a. The Primary Cause
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b. Subsidiary Factors
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i. Structure and “Heroes”
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ii. The Economic Component
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iii. The Media
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iv. External Influence
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2. On Eliminating Differences: A Taxonomy Applied
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a. Neither Genocide nor Mass Population Transfer
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b. Integration/Assimilation/Multicultural Policy?
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c. Self-Determination/Separation
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i. The Successor States in International Law
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ii. On Self-Determination and Referendum
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d. Separation as an Alternative: Geopolitics and Legitimacy
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3. On Multiple Transformations
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a. The Priorities
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b. On Free Societies
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i. The Civil Society
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ii. The Political Society
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4. “Strategic Elements” of Constitutional Negotiations
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a. The Time Dimension
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b. Issues and Parties
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i. The “Reform” Phase
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ii. The “Restructuring” Phase
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iii. The “New Form of Coexistence” Phase
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5. Forums and Tactics
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6. The “Intervenor”
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7. The Last Afterthought
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Annexes
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Annex I. The International Conference, Bratislava, June 1991
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1. The Allocation of Powers
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2. The Institutional Structure: The Parliament
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3. The President: Back to 1920?
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4. Ethnic Minorities
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5. On Impartial Advice
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Annex II. Constitutions and the World
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1. The “Opening” Issue
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2. At the Federal Level
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3. Constitutions for Independent Republics
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a. The Czech Constitution
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b. The Slovak Constitution
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4. Concluding Thoughts on the “Opening”
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Selected Bibliography
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Index
Citable Link
Published: 1997
Publisher: University of Michigan Press
- 978-0-472-02187-1 (ebook)
- 978-0-472-10804-6 (hardcover)
- 978-0-472-08628-3 (paper)