Research
Dr Agata Fijalkowski
Senior Lecturer in Law
Agata’s research interests lie within the areas of comparative constitutionalism, European human rights, and post-transitional justice.
Comparative constitutionalism and post-transitional justice
In 2010, Agata’s monograph From Old Time to New Europe: the Polish Struggle for Democracy and Constitutionalism was published by Ashgate publishers. The book draws mainly on the Polish experience, considering constitutional and legal developments in Poland’s transition from a totalitarian communist to a fully democratic state. An analysis of Polish developments serves as a valuable blueprint for other post-dictatorial states.
The book has been well received:
‘Fijalkowski’s examination of these complex issues is masterly and is the product of wide-ranging research in both Polish and Russian archives. Parallels are drawn to the similar experiences of the Central and Eastern European States such as Romania, Hungary and Czechoslovakia. For anyone interested in the way in which the most dramatic upheaval in Europe over the last 50 years impacted on the law, lawyers and legal theory, this book is essential reading.’
Dignitas - The Slovenian Journal of Human Rights
‘This clearly written book will be of broad appeal to historians and political scientists as well as to lawyers. It makes a significant contribution to the literature on constitutionalism in Poland and in Central and Eastern Europe more generally. The historical analysis of Poland's constitutional development, during the ideological and military upheavals of the 20th century, is fascinating.'
Istvan Pogany, University of Warwick, UK
Agata’s research on post-transitional justice focuses on post-Communist, new Europe, taking into account the issue of judicial identity. She has a number of forthcoming publications on this area of her research. Agata is co-editing a book, Transitional Criminal Justice in Post-Dictatorial Societies with Dr Raluca Grosescu (under review). Her chapter, ‘Transitional Criminal Justice: The Polish Way’, will appear in this edited collection. Agata also has a chapter, ‘A Judge’s Identity’ in Shaping of Identity and Personality during Communist Rule: History in the Service of Totalitarian Regimes in Eastern Europe (Tallinn: Estonian Institute for Historical Memory) forthcoming in 2012.
Agata also has a number of journal articles forthcoming/under review:
‘Memories that Shape the Judicial Identity’, Dignitas – The Slovenian Journal of Human Rights (forthcoming December 2012).
‘The Fieldorf File: Politics and Justice in People’s Poland’ (under review).
European human rights
Agata’s work on European human rights focuses on the abolition of the death penalty in post-Communist states. She has written several book chapters and journal articles on this area of her research. The complete list can be found on Agata's research profile.
Importance of research outside academia
Improved public understanding:
Agata took part in a discussion on BBC Radio Scotland’s ‘Newsweek Scotland’ programme on 13th February 2010 about terrorism and the law.
Influencing the work of NGOs:
Agata has lectured on the European and US Approaches to the Death Penalty to the Lancaster branch of Amnesty International.
Agata presented a paper at the Estonian Institute of Historical Memory’s conference on the ‘Shaping of Identity and Personality during Communist Rule: History in the Service of Totalitarian Regimes in Eastern Europe’, Tallinn, 9-10 June 2011. (see www.mnemosyne.ee/lang/en-us)
Agata delivered a paper on the Polish approach to transitional criminal justice at a workshop on ‘Transitional Criminal Justice in Post-Dictatorial Societies’. The workshop was conducted in conjunction with The Institute for the Investigation of Communist Crimes and the Memory of the Romanian Exile and was held in Bucharest, 29-30 October 2010. (see www.crimelecomunismului.ro/en/)
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