Perhaps it is in the nature of "velvet revolutions" that their rough undersides are revealed in public forums, such as courts of law, where debates rage about the normative content of changed political systems. In Eastern and Central Europe, courts are now defining the powers of new regimes committed to the rule of law. One of the most difficult issues faced by these courts is how to maintain a commitment to the rule of law while serving the principles of substantive justice. In an attempt to reconcile these competing interests, courts have, in effect, continued "revolutions" within the framework of the law.
Paradoxes in the Revolution of the Rule of Law,
Yale J. Int'l L.
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