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In this chapter, Leonardo Morlino presents an analytical framework for studying the implementation of constitutional norms. The aim of the first section is to isolate the guiding concepts for analysing constitutional design and its implementation. The second section explores the main aspects of constitutional design and the problems related to implementation in Southern Europe. The third section presents the constitutional designs of selected Eastern European countries and identifies certain implementation problems they faced. Some tentative conclusions are drawn from the empirical evidence presented in the first two sections with reference to the patterns of constitutional design implementation.

Argues that the Baltic states, mainly Estonia and Latvia, represent examples of the complicated sequence of endogenously derived transition and exogenously influenced consolidation. These democratic transitions set certain parameters for their subsequent democratic consolidation. In particular, Estonia and Latvia opted for a nationalist, ‘legal restorationist’ view of independence. This interpretation of transition represented a somewhat problematic combination of two paths towards redemocratization—‘society‐led regime termination’ and ‘internal restoration after external reconquest’. The first section of this chapter examines this apparent contradiction. The second part examines the Estonian and Latvian cases, focusing on the major international actors involved in these transitions and the mechanisms of their engagement up to early 2000. In conclusion, it is argued that international influences (mainly from the European Union) have increased as the two countries have integrated more closely with the West. Overall, this case study of Estonia and Latvia argues that the specific path a country chooses towards democratic transition is likely to create certain path‐dependent problems that it (and the rest of the democratic community) will ultimately have to face during democratic consolidation.

Examines the relationship between westbound international migrations and the consolidation of democracy in contemporary East Central Europe (ECE). The chapter focuses on Poland, the Czech Republic, and Hungary. It is argued that, paradoxically, in view of the rapidly expanding connection of ECE with the West, the relationship has weakened between the westbound travel by the vast majority of migrants and democratization processes in their home countries. The chapter focuses on the common features of the migration‐democracy relationship in East Central Europe. The author seeks to initiate a conversation between specialists in transnational migration and experts in democratization. The conclusion considers some of the generalizations and lessons are drawn from the study on the relationship between migration and democracy.

Examines the particular role of Western actors in strengthening the process of democratic consolidation in Eastern Europe. The actors involved in the ‘Western project’ are individual Western states and primarily European multilateral organizations: the European Union (EU), the Organization for Security and Cooperation in Europe (OSCE), the Council of Europe and NATO. The first section of this chapter analyses the Western objectives with respect to Eastern Europe, such as helping with the economic transformation and maintaining stability thus promoting democracy. The second section discusses the instruments that the West has used to promote democratic consolidation—from aid to the conditional offer of membership in European organizations (conditionality). The third and final section evaluates the impact that the West has had on democratic consolidation in Eastern Europe.

Describes the interrelation between security and democratic consolidation as a process in specific national and regional contexts. The analysis combines a systematic approach to hypothesis building with an empirically based discussion, and seeks to place developments in Eastern Europe into a wider analytical framework. The chapter argues that the relationship between security and democracy in Eastern Europe is based on the concept of dual conditionality. The relationship is a reciprocal one in which security conditions democratic development as much as democratic consolidation conditions regional security and peace building. Finally, the chapter discusses several caveats concerning the interrelation between security and democratic consolidation in Eastern Europe.

Describes the Western influence on the democratic consolidation in Hungary in the 1980s and the 90s, focusing primarily on problems and conflicts, yet pointing out the historically unprecedented task of successful democratic consolidation. The West provided the Hungarian political and economic elite with an attractive democratic pattern as early as the 1980s. The chapter shows that democratic consolidation has proceeded more easily in Hungary than in most East European countries. In 1989, the Hungarian political and economic elite was relatively well prepared to establish democratic political institutions and to introduce a market economy. New reforms introduced between the 1960s and 1989 contributed to the establishment of a ‘social compromise’ reached between the political leadership and the nation. The increasing deficit in Hungary's balance of payments in the 1980s as a result of the oil crises, meant that the country had to obtain Western loans and became increasingly dependent on Western political decision makers, who used this opportunity to apply the policy of conditionality.

The concluding chapter identifies a set of variables responsible for the enormous impact of external factors on democratic consolidation in Eastern Europe: (1) the historical legacy, (2) the liberal‐democratic ideological paradigm, and (3) the forces of globalization. Next, it conceptualizes the interplay of external and internal factors impinging upon democracy and assesses positive and negative kinds of external impacts on democracy. The chapter concludes with an evaluation of the conscious Western effort to craft or engineer democracy in Eastern Europe. Despite inconsistent signals and the lack of a broader strategic design for Europe, the West has succeeded in creating an environment conducive to democratic reform in the post‐communist arena. Linking membership of western institutions to democracy and other reforms has been a characteristic feature of this crafting effort.

The military coup of 25 April 1974 in Portugal initiated the ‘third wave’ of democratic transitions in southern Europe. The transition and subsequent process of democratic consolidation evolved in various stages, each with a corresponding phase of ‘transitional truth and justice’ initiatives and counter-initiatives: the first stage, from 1974 to 1976, was the ‘revolutionary’ period, comprising the downfall of the regime and the crisis of state that followed; the second stage, between 1976 and 1982, was a period of ‘normalization’, constitutionalization and incipient democratic consolidation; during the third stage, from 1982 onwards, the process of democratic consolidation has proceeded apace. This chapter examines these stages in different sections: Introduction; A Portuguese Settling of Accounts; The Purge Process; The Dual Legacy Discourse and the Consolidation of Democracy; and Conclusion.

Describes how the Slovenian transition from communism to democratic consolidation influenced the institutional engineering in Slovenia. Since there was no real tradition of statehood or experience with state‐building in Slovenia, the establishment of a new constitutional structure after its break from Yugoslavia was immensely important both as a foundation for the new political and economic system and as the country's calling card for entry into the international community. The chapter indicates the positive and negative aspects of institutional engineering in Slovenia. Although Slovenian political elites arrived at a consensus on almost all of the pressing issues involved in democracy‐ and state‐building quickly, the result of the quick adoption of the Constitution left important issues unresolved, and ultimately hampered the legislative process. Despite the political turbulence that continues to dominate Slovene politics, democratic consolidation in Slovenia can be regarded as largely achieved.

Describes how constitutionalism contributed to the democratic consolidation in post‐communist Romania. The author emphasizes the fact that Romania could hardly be described as having a constitutional tradition, since none of the previous regimes developed a tradition of observing their constitutions. Therefore, it may seem questionable whether the post‐communist constitution could have a significant impact on democratic consolidation in Romania. Nevertheless, in 1990, the constitutionalization process was the main focus of the new political elite. This chapter describes what kind of political reforms have been adopted in order to improve the constitution and avoid problems resulting from its ambiguity. It shows how the weaknesses of the current Constitution have paradoxically played an important role in bolstering Romanian civil society. The author prescribes several constitutional amendments that could transform the Romanian Constitution into a viable basis for democracy in the country.

Describes the influence of the international institutions in shaping democratic consolidation and economic reform in the Czech Republic as a case study of an East European state that strongly wished to join those institutions. The chapter traces the changing nature of international influence on the consolidation of Czech democracy as the polity passed through four stages. The first was characterized by profound yet diffuse influence. In the second stage, Western influence was delimited by two factors: (1) ‘homemade’ reform by Prime Minister Václav Klaus, a mix of Czech provincialism, free market ideology, and political pragmatism; and (2) insufficient pressure of NATO and the EU to compel reforms. The third stage saw increased EU criticism of economic performance, corruption, and racism. The fourth stage was characterized by the weakening of the EU membership argument for difficult reforms. Overall, the Czech case shows that the conditionality of the EU depends on a certain tension between confidence in securing membership and fear of suffering rejection due to inadequate reform.

Emphasizes the difficult process of constitutional engineering in Latvia. The author argues that these difficulties stem from two historical legacies: the inter‐war independence period and the Soviet occupation. The quick re‐adoption of the 1922 Latvian constitution after the country's leaders declared independence from the USSR, paradoxically exacerbated the process of institutional engineering and ultimately slowed the pace of democratic consolidation. The chapter indicates several important gaps in the inter‐war constitution, e.g. the absence of basic rights or the provisions for local government administration. Despite the difficulties presented by the 1922 Constitution, the author argues that the high legitimacy achieved through its re‐adoption kept Latvia on the democracy‐building track. Finally, several positive and negative lessons learned from the Latvian transition period are presented.

Argues that institutional engineering in Bulgaria reflects the enduring legacies of communism, such as inability to solve social problems or to improve the level of economic prosperity. Using Bulgaria as an example, the author delineates the limits of constitutionalism as a tool in the process of democratic consolidation. The chapter views institutional engineering in Bulgaria as a multifaceted social project and suggests a more subtle analysis of the peculiar ways in which a post‐communist context tolerates both elite constraints and elite irresponsibility, the institutionalization of governance, and the endurance of corruption.

Describes the constitution‐making process in Poland. The main feature of this process was the ability to reach a compromise in a conflict‐prone political setting. The chapter analyses major stages of the process of democratic consolidation and the constitutionalization, and examines issues such as legitimacy, balance of power, and the role of the state. The first significant breakthrough in the process was the interim constitution of 1992. The chapter emphasizes its importance in the process of institutional engineering despite its numerous shortcomings. The chapter also points out that the adoption of the Polish Constitution by referendum did not resolve the debate on legitimacy. Finally, it shows that despite the contentious adoption of the Constitution, it has had a stabilizing effect on Polish democracy. Overall, the Polish Constitution is described as a constitution of compromise and of political pragmatism.

Shows the relative failure of Western pressure aimed at improving the democratic record of successive Slovak governments led by the former Prime Minister Vladimir Mečiar. The chapter points to several factors that contributed to the ineffectiveness of Western influence. Firstly, the manner in which Slovakia achieved independence created unfavourable conditions for its democratic consolidation. The division of Czechoslovakia was accomplished against the will of the majority of Slovaks and officially presented as a rejection of rapid and radical transformation. Secondly, a new proud and insecure State tried to assert its independence of all external actors. Western pressure was often considered as alien to Slovak culture and in conflict with Slovak national interest. Thirdly, the former Prime Minister, Vladimir Mečiar, misread Western determination to bring about democratic reforms in Slovakia. It was wrongly believed that regardless of its many democratic flaws, Slovakia would soon become a member of the European Union and NATO, simply because of its unique geostrategic importance and decent economic performance. Bratislava thought that allowing free and relatively fair elections in Slovakia would be enough to satisfy Western actors. However, the West wanted Slovakia to embrace a Western‐type of liberal constitutionalism before considering its possible membership in the EU and NATO. Overall, Slovakia's misperception of its geopolitical uniqueness and paradoxes of its domestic political development led to serious misunderstandings about Western responses.