NDLI: The Demand for Constitutional Law

Content Provider	Springer Nature Link
Author	Pistor, Katharina
Copyright Year	2002
Abstract	A growing concern in transition economies is the gap between the law on the books and the law in practice. The existence of such a gap has long been recognized even in countries with a long legal tradition and where, by and large, the formal law seems to be observed. In transition economies as well as in many emerging markets and developing countries, this gap appears to be especially pronounced. This paper argues that an explanation for this phenomenon can be found in the process of law development in these countries. They have extensively imported law from other countries in an attempt to stage a “catch-up” in legal development. This was facilitated by foreign legal advisors preaching the existence and transferability of best practice in other parts of the world. The missing link in this equation has been the demand for law. This paper seeks to explain the meaning of the demand for law in the context of evolving Russian constitutional law drawing extensively from research on legal transplants and the lack of demand for law in other areas of the law.
Starting Page	73
Ending Page	87
Page Count	15
File Format	PDF
ISSN	10434062
Journal	Constitutional Political Economy
Volume Number	13
Issue Number	1
e-ISSN	15729966
Language	English
Publisher	Kluwer Academic Publishers
Publisher Date	2002-01-01
Publisher Place	Boston
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Constitutional Law Political Science
Content Type	Text
Resource Type	Article
Subject	Sociology and Political Science Philosophy Law Economics and Econometrics

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