Literature in Bosnia and Hercegovina till 19th Century in South Slav Context

Mr. Gajevic traced the development of literacy and literature in Bosnia and Herzegovina from the 12th to the 19th in relation to other south Slavic literatures and civilisations, studying their interrelations, links and influences. From the 12th to the 15th centuries, literature in this area developed under strong influence from the neighbouring South Slavic countries, which were directly connected with more developed foreign cultures and civilisations. The literatures of these countries had differing religious and cultural backgrounds, some developing under Byzantine and Orthodox influence and others as a part of Latin civilisation and the Catholic religion. This led to different and sometimes contradictory literary, religious and other influences on Bosnia and Herzegovina, making spiritual and religious unity for the country virtually impossible. Under the influence of the Bosnian state and church, however, there were signs of a search for compromise, leading to some mixing of the difference traditions. Following the Turkish conquest, however, three denominational communities (Orthodox, Catholic and Muslim) developed in Bosnia and Herzegovina and this became the general framework for life, including literature. This led to three separate literary traditions - Serb-Orthodox, Croat-Catholic and Bosniac-Islamic. This internal disintegration of Bosnian literature did however facilitate the process of integration of some of its denominational traditions with similar traditions in other countries. The third aspect considered in the research was the genesis and expansion of vernacular and folk literature from Bosnia and Herzegovina throughout the South Slavic areas and its contribution to the language and literature integration of four peoples - Serbs, Croats, Bosniacs and Montenegrins. Of special interest here were the aspirations of the Catholic church to establish the Bosnian language as the common South Slavic literary language for its religious and propaganda activities, and the contribution of Vuk Stefanovic Karadzic to the effort to establish the "Bosnian language" as the common literary language of the South Slavic peoples.

The Constitutional-Judicial Control of the Legislative and Executive Powers in Central and Eastern European Countries

This project looked at the nature, contents, methods, means and legal and political effects of the influence that constitutional courts exercise upon the legislative and executive powers in the newly established democracies of Central and Eastern Europe. The basic hypothesis was that these courts work to provide a limitation of political power within the framework of the principal constitutional values and that they force the legislature and executive to exercise their powers and duties in strict accordance with the constitution. Following a study of the documentary sources, including primarily the relevant constitutional and statutory provisions and decisions of constitutional courts, Mr. Cvetkovski prepared a questionnaire on various aspects of the topics researched and sent it to the respective constitutional courts. A series of direct interviews with court officials in six of the ten countries then served to clarify a large number of questions relating to differences in procedures etc. that arose from the questionnaires. As a final stage, the findings were compared with those described in recent publications on constitutional control in general and in Central and Eastern Europe in particular. The study began by considering the constitutional and political environment of the constitutional courts' activities in controlling legislative and executive powers, which in all countries studied are based on the principles of the rule of law and the separation of powers. All courts are separate bodies with special status in terms of constitutional law and are independent of other political and judicial institutions. The range of matters within their jurisdiction is set by the constitution of the country in question but in all cases can be exercised only with the framework of procedural rules. This gives considerable significance to the question of who sets these rules and different countries have dealt with it in different ways. In some there is a special constitutional law with the same legal force as the constitution itself (Croatia), the majority of countries allow for regulation by an ordinary law, Macedonia gives the court the autonomy to create and change its own rules of procedure, while in Hungary the parliament fixes the rules on procedure at the suggestion of the constitutional court. The question of the appointment of constitutional judges was also considered and of the mechanisms for ensuring their impartiality and immunity. In the area of the courts' scope for providing normative control, considerable differences were found between the different countries. In some cases the courts' jurisdiction is limited to the normative acts of the respective parliaments, and there is generally no provision for challenging unconstitutional omissions by legislation and the executive. There are, however, some situations in which they may indirectly evaluate the constitutionality of legislative omissions, as when the constitution contains provision for a time limit on enacting legislation, when the parliament has made an omission in drafting a law which violates the constitutional provisions, or when a law grants favours to certain groups while excluding others, thereby violating the equal protection clause of the constitution. The control of constitutionality of normative acts can be either preventive or repressive, depending on whether it is implemented before or after the promulgation of the law or other enactment being challenged. In most countries in the region the constitutional courts provide only repressive control, although in Hungary and Poland the courts are competent to perform both preventive and repressive norm control, while in Romania the court's jurisdiction is limited to preventive norm control. Most countries are wary of vesting constitutional courts with preventive norm control because of the danger of their becoming too involved in the day-to-day political debate, but Mr. Cvetkovski points out certain advantages of such control. If combined with a short time limit it can provide early clarification of a constitutional issue, secondly it avoids the problems arising if a law that has been in force for some years is declared to be unconstitutional, and thirdly it may help preserve the prestige of the legislation. Its disadvantages include the difficulty of ascertaining the actual and potential consequences of a norm without the empirical experience of the administration and enforcement of the law, the desirability of a certain distance from the day-to-day arguments surrounding the political process of legislation, the possible effects of changing social and economic conditions, and the danger of placing obstacles in the way of rapid reactions to acute situations. In the case of repressive norm control, this can be either abstract or concrete. The former is initiated by the supreme state organs in order to protect abstract constitutional order and the latter is initiated by ordinary courts, administrative authorities or by individuals. Constitutional courts cannot directly oblige the legislature and executive to pass a new law and this remains a matter of legislative and executive political responsibility. In the case of Poland, the parliament even has the power to dismiss a constitutional court decision by a special majority of votes, which means that the last word lies with the legislature. As the current constitutions of Central and Eastern European countries are newly adopted and differ significantly from the previous ones, the courts' interpretative functions should ensure a degree of unification in the application of the constitution. Some countries (Bulgaria, Hungary, Poland, Slovakia and Russia) provide for the constitutional courts' decisions to have a binding role on the constitutions. While their decisions inevitably have an influence on the actions of public bodies, they do not set criteria for political behaviour, which depends rather on the overall political culture and traditions of the society. All constitutions except that of Belarus, provide for the courts to have jurisdiction over conflicts arising from the distribution of responsibilities between different organs and levels in the country, as well for impeachment procedures against the head of state, and for determining the constitutionality of political parties (except in Belarus, Hungary, Russia and Slovakia). All the constitutions studied guarantee individual rights and freedoms and most courts have jurisdiction over complaints of violation of these rights by the constitution. All courts also have some jurisdiction over international agreements and treaties, either directly (Belarus, Bulgaria and Hungary) before the treaty is ratified, or indirectly (Croatia, Czech Republic, Macedonia, Romania, Russia and Yugoslavia). In each country the question of who may initiate proceedings of norm control is of central importance and is usually regulated by the constitution itself. There are three main possibilities: statutory organs, normal courts and private individuals and the limitations on each of these is discussed in the report. Most courts are limited in their rights to institute ex officio a full-scale review of a point of law, and such rights as they do have rarely been used. In most countries courts' decisions do not have any binding force but must be approved by parliament or impose on parliament the obligation to bring the relevant law into conformity within a certain period. As a result, the courts' position is generally weaker than in other countries in Europe, with parliament remaining the supreme body. In the case of preventive norm control a finding of unconstitutionality may act to suspend the law and or to refer it back to the legislature, where in countries such as Romania it may even be overturned by a two-thirds majority. In repressive norm control a finding of unconstitutionality generally serves to take the relevant law out of legal force from the day of publication of the decision or from another date fixed by the court. If the law is annulled retrospectively this may or may not bring decisions of criminal courts under review, depending on the provisions laid down in the relevant constitution. In cases relating to conflicts of competencies the courts' decisions tend to be declaratory and so have a binding effect inter partes. In the case of a review of an individual act, decisions generally become effective primarily inter partes but is the individual act has been based on an unconstitutional generally binding normative act of the legislature or executive, the findings has quasi-legal effect as it automatically initiates special proceedings in which the law or other regulation is to be annulled or abrogated with effect erga omnes. This wards off further application of the law and thus further violations of individual constitutional rights, but also discourages further constitutional complaints against the same law. Thus the success of one individual's complaint extends to everyone else whose rights have equally been or might have been violated by the respective law. As the body whose act is repealed is obliged to adopt another act and in doing so is bound by the legal position of the constitutional court on the violation of constitutionally guaranteed freedoms and rights of the complainant, in this situation the decision of the constitutional court has the force of a precedent.

Post-War Writers' Memoirs in Romania and France: A Study of Mentalities

Ms. Net wanted to find out if there was what she terms a "collective identity of the intelligentsia" of Romania and France between 1945 and 1989. She conducted her research on a corpus of memoirs from both cultures, and in the process, uncovered some fundamental differences, which she presented in the form of a 178 page manuscript in English, and also on disc. One of the most basic appears to be that French memorialists rarely deal with social, historical and political changes and events. Ms. Net regards these writers as shutting their eyes to reality, and attempting to preserve the past. They are interested in their personal history, and in the genesis of their own works. According to Ms. Net, this tendency is so marked that she doubts whether 20th century French writers share the dominant mentalities of their times. In her opinion all this points to the fact that the French intelligentsia are "trying hard to preserve their cultural hegemony" a task which she maintains has always been an essential aspect of the identity of the French intellectual. In Romania, of course, the situation was very different. To take an example: many Romanian memoirs speak about the campaigns to improve the lot of women, while at the same time recognising and analysing the way that this was simply a "cover" for promoting the most incompetent people, men and women alike. They also express frustration at the way access to information was blocked due to the media being government controlled. Ms. Net concludes, eventually, that, in general, intellectuals, more than any other group in society, ensure the continuity of the dominant mentalities in a given cultural space. Consequently, she feels, we must revise the idea - or myth as she calls it - that intellectuals represent the avant-garde in a given society. Specifically, she concludes that petty bourgeois, patriarchal and elitist mentalities are still prevalent in France. The truth is, she reflects, that intellectuals are always true to their nature, no mater when and where they are living.

Synchronous Description of the Grammatical Structure of Modern Romani and Elaboration of Romani Textbook

The first outcome of this project was a synchronous description of the most widely spoken Romani dialect in the Czech and Slovak Republics, aimed at teachers and lecturers of the Romani language. This is intended to serve as a methodological guide for the demonstration of various grammatical phenomena, but may also assist people who want a basic knowledge of the linguistic structure of this neo-Indian language. The grammatical material is divided into 23 chapters, in a sequence which may be followed in teaching or studying. The book includes examples of the grammatical elements, but not exercises or articles. The second work produced was a textbook of Slovak Romani, which is the most detailed in the Czech or Slovak Republics to date. It is aimed at all those interested in active use of the Romani language: high school and university students, people working with the Roma, and Roma who speak little or nothing of the language of their forebears, The book includes 34 lessons, each containing relevant Romani tests (articles and dialogues), a short vocabulary list, grammatical explanations, exercises and examples of Romani written or oral expression. The textbook also contains a considerable amount of ethno-cultural information and notes on the life and traditions of the Roman, as well as pointing out some differences between different dialects. A brief Romani-Czech phrase book is included as an appendix.

Language, Thought, Relativism, Nationalism: An Interdisciplinary Study

Ms. Neumer and her team began their project with a critical analysis of the various theories of the relationship between language and thought. Their aim was to develop a theoretical position concerning the issue of universalism versus relativism. This issue is closely bound up with one of the main questions of the history of East and Central Europe, namely, the question of the nation, and the possibility of mutual understanding between national cultures. The team attempted to avoid falling into an all-too-common trap, that of allowing a political perspective to obscure the central theoretical issues. In a project whose outcome totalled over 1000 pages of manuscript in German, English and Hungarian, they touched on cognitive psychological, linguistic, semiotic, socio-semiotic, and other such themes. Their experience has convinced them of the fruitful heuristic possibilities of the interaction of scientific and philosophical approaches in this area of research. A preliminary analysis of the history of philosophy and inquiries into conceptual fields revealed that, in order to reach strong relativist conclusions concerning the unity of thought and language, it is required to take as a point of departure the widest possible sense of these concepts. But in fact, such an option ends up refuting itself: pursuing the premises to their final conclusion one arrives at the restriction of relativism. The team outlined a theory of the understanding of the Other which, borrowing from analytical as well as continental-hermeneutic trends, does not underestimate, on the one hand, the difficulties of understanding between various forms of life, cultures, and languages, but, on the other hand, can provide an alternative solution to the theory of incommensurabiltiy. Within the boundary of this problematic the team studied the problems of translatability, the acquisition of the mother and foreign languages, and natural or cultural determinacy of kind terms. The team regards its most original contribution to be the association of the problem of relativism-universalism and the language-thought relation with contemporary investigations into the question of orality, literacy, and secondary orality. Their conclusion was that, although certain connections can be revealed both between forms of communication and the thesis of the unity of language and thought, and between periods in the history of communication and the predominance of relativistic or universalistic tendencies, forms of communication do not unequivocally determine the answers to these questions.