Good, Bad, and 'Irritant' Laws in New Democracies

Martin Krygier

    Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

    Abstract

    This chapter explores reasons for numerous surprises and disappointments related to the use of law in building democracy and free media. Law was expected to constrain the possibilities for the arbitrary exercise of power (the rule of law), and to develop and enforce specific-purpose rules of the game fit for the salutary operation of the many complex domains and activities that make up a modern sociopolitical order, key among them the media and the polity. However, the reality has been more complicated and less attractive than some hoped. It is not surprising that bad laws have bad results. More interesting is when well-motivated laws and legal arrangements fail, as often they have. CEE is awash with legal experimentation designed precisely to allow free media to flourish. Apparently impeccable models are studied, emulated, transplanted, but they grow in very strange ways on foreign terrain.
    Original languageEnglish
    Title of host publicationMedia and Politics in New Democracies: Europe in a Comparative Perspective
    EditorsJan Zielonka
    Place of PublicationOxford, UK
    PublisherOxford University Press
    Pages119-136
    Volume1
    ISBN (Print)9780198747536
    DOIs
    Publication statusPublished - 2015

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