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44 Acta Jur. Hng. 1 (2003)

handle is hein.journals/ajur44 and id is 1 raw text is: 1216-2574 / USD 20.00 ACTA JURIDICA HUNGARICA D 2003 Akadimiai Kiad6, Budapest 44, Nos 1-2, pp. 1-20 (2003) ANDRAS SAJO Pluralism in Post-Communist Law Abstract. This paper discusses problems related to the incorporation of constitutional rule of law into a pluralistic legal system, primarily in post-communist Hungary. Normative pluralism was characteristic of state socialism. Is this pluralism going to shape the emerging constitution- driven law of post-communism? The paper concludes that although constitutional universalism brought a new dimension to law and in principle has helped to promote the centrality of law in the competitive world of normative orderings, it may in the long run remain an elitist tool, fundamentally ignored or circumvented by sub-legal forms of social interaction. Keywords: constitutional law, legal pluralism, post-communist law, post-modernity Although post-communist societies increasingly differ from each other, the case of Hungary is sufficient to highlight a normative problem of legal pluralism, which could be best described as the problem of insufficient centrality of formal law in post-communist normative orders. Universal constitutionalism with its specific value system is best understood as a significant attempt to secure a prime position for state law. This paper points to certain immanent and social variables which limit the chances of success for creating constitutional control over law and society. Part 1 of the paper discusses certain methodological problems of normative pluralism and the place of constitution-driven law within it. Part 2 deals with legal pluralism under state socialism. Part 3 reviews the role of universal constitutionalism in shaping a normative order of government with a new legitimacy after the collapse of socialism and its social limits. Part 4 is an analysis of various forms of legal pluralism (internal and external) and the Member of the Hungarian Academy of Sciences, Budapest, H-1014 Budapest, Orszighiz u. 30. E-mail: sajoa@jog.mta.hu I Although they all started with a rather rudimentary legal-administrative normative system inherited from the Soviet regime, their social, cultural, economic, and other differences (as well as history and geography) make the post Soviet Empire countries different. The applicability of the Hungarian experience is certainly greater in Poland than in Russia, not to speak of Albania or Tadjikistan. Nevertheless, given the global importance of Russia, in certain contexts I will refer to Russia, at least to show how different the problem of pluralism can be in various countries.

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