Constitutionalizing Transitional Justice

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Constitutionalizing Transitional Justice

Author : Cheng-Yi Huang
Publisher : Taylor & Francis
ISBN 13 : 042999883X
Total Pages : 263 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis Constitutionalizing Transitional Justice by : Cheng-Yi Huang

Download or read book Constitutionalizing Transitional Justice written by Cheng-Yi Huang and published by Taylor & Francis. This book was released on 2022-11-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.

Theorizing Transitional Justice

Author : Claudio Corradetti
Publisher :
ISBN 13 : 9781315551180
Total Pages : pages
Book Rating : 4.5/5 (511 download)

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Book Synopsis Theorizing Transitional Justice by : Claudio Corradetti

Download or read book Theorizing Transitional Justice written by Claudio Corradetti and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Transitional Justice and the Rule of Law in New Democracies

Author : A. James MacAdams
Publisher :
ISBN 13 : 9780614275896
Total Pages : 306 pages
Book Rating : 4.2/5 (758 download)

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Book Synopsis Transitional Justice and the Rule of Law in New Democracies by : A. James MacAdams

Download or read book Transitional Justice and the Rule of Law in New Democracies written by A. James MacAdams and published by . This book was released on 1997 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutionalism and Transitional Justice in South Africa

Author : Andrea Lollini
Publisher : Berghahn Books
ISBN 13 : 1845457641
Total Pages : 240 pages
Book Rating : 4.8/5 (454 download)

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Book Synopsis Constitutionalism and Transitional Justice in South Africa by : Andrea Lollini

Download or read book Constitutionalism and Transitional Justice in South Africa written by Andrea Lollini and published by Berghahn Books. This book was released on 2011 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last fifteen years, the South African postapartheid Transitional Amnesty Process – implemented by the Truth and Reconciliation Commission (TRC) – has been extensively analyzed by scholars and commentators from around the world and from almost every discipline of human sciences. Lawyers, historians, anthropologists and sociologists as well as political scientists have tried to understand, describe and comment on the ‘shocking’ South African political decision to give amnesty to all who fully disclosed their politically motivated crimes committed during the apartheid era. Investigating the postapartheid transition in South Africa from a multidisciplinary perspective involving constitutional law, criminal law, history and political science, this book explores the overlapping of the postapartheid constitution-making process and the Amnesty Process for political violence under apartheid and shows that both processes represent important innovations in terms of constitutional law and transitional justice systems. Both processes contain mechanisms that encourage the constitution of the unity of the political body while ensuring future solidity and stability. From this perspective, the book deals with the importance of several concepts such as truth about the past, publicly shared memory, unity of the political body and public confession.

Transitional Justice

Author : Ruti G. Teitel
Publisher : Oxford University Press
ISBN 13 : 019988224X
Total Pages : 404 pages
Book Rating : 4.1/5 (998 download)

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Book Synopsis Transitional Justice by : Ruti G. Teitel

Download or read book Transitional Justice written by Ruti G. Teitel and published by Oxford University Press. This book was released on 2002-03-28 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the century's end, societies all over the world are throwing off the yoke of authoritarian rule and beginning to build democracies. At any such time of radical change, the question arises: should a society punish its ancien regime or let bygones be bygones? Transitional Justice takes this question to a new level with an interdisciplinary approach that challenges the very terms of the contemporary debate. Ruti Teitel explores the recurring dilemma of how regimes should respond to evil rule, arguing against the prevailing view favoring punishment, yet contending that the law nevertheless plays a profound role in periods of radical change. Pursuing a comparative and historical approach, she presents a compelling analysis of constitutional, legislative, and administrative responses to injustice following political upheaval. She proposes a new normative conception of justice--one that is highly politicized--offering glimmerings of the rule of law that, in her view, have become symbols of liberal transition. Its challenge to the prevailing assumptions about transitional periods makes this timely and provocative book essential reading for policymakers and scholars of revolution and new democracies.

Comparative Constitutional History

Author : Francesco Biagi
Publisher : BRILL
ISBN 13 : 9004523731
Total Pages : 392 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Comparative Constitutional History by : Francesco Biagi

Download or read book Comparative Constitutional History written by Francesco Biagi and published by BRILL. This book was released on 2022-12-05 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.

Transitional Justice in Sri Lanka

Author : Bhavani Fonseka
Publisher :
ISBN 13 : 9789554746824
Total Pages : 458 pages
Book Rating : 4.7/5 (468 download)

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Book Synopsis Transitional Justice in Sri Lanka by : Bhavani Fonseka

Download or read book Transitional Justice in Sri Lanka written by Bhavani Fonseka and published by . This book was released on 2017 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contributed articles.

Fragile Democracies

Author : Samuel Issacharoff
Publisher : Cambridge University Press
ISBN 13 : 1107038707
Total Pages : 311 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Fragile Democracies by : Samuel Issacharoff

Download or read book Fragile Democracies written by Samuel Issacharoff and published by Cambridge University Press. This book was released on 2015-06-17 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.

Taiwan and International Human Rights

Author : Jerome A. Cohen
Publisher : Springer
ISBN 13 : 9811303509
Total Pages : 706 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Taiwan and International Human Rights by : Jerome A. Cohen

Download or read book Taiwan and International Human Rights written by Jerome A. Cohen and published by Springer. This book was released on 2019-05-16 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.

Rethinking the Rule of Law after Communism

Author : Adam Czarnota
Publisher : Central European University Press
ISBN 13 : 6155053626
Total Pages : 392 pages
Book Rating : 4.1/5 (55 download)

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Book Synopsis Rethinking the Rule of Law after Communism by : Adam Czarnota

Download or read book Rethinking the Rule of Law after Communism written by Adam Czarnota and published by Central European University Press. This book was released on 2005-09-10 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the original euphoria that attended the virtually simultaneous demise of so many dictatorships in the late 1980s and early 90s, there was a widespread belief that problems of 'transition' basically involved shedding a known past, and replacing it with an also-known future. This volume surveys and contributes to the prolific debates that occurred in the years between the collapse of communism and the enlargement of the European Union regarding the issues of constitutionalism, dealing with the past, and the rule of law in the post-communist world. Eminent scholars explore the issue of transitional justice, highlighting the distinct roles of legal and constitutional bodies in the post-transition period. The introduction seeks to frame the work as an intervention in the discussion of communism and transition-two stable and separate points-while emphasizing the instability of the post-transition moment.

Poland's Constitutional Breakdown

Author : Wojciech Sadurski
Publisher : Oxford Comparative Constitutio
ISBN 13 : 0198840500
Total Pages : 305 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Poland's Constitutional Breakdown by : Wojciech Sadurski

Download or read book Poland's Constitutional Breakdown written by Wojciech Sadurski and published by Oxford Comparative Constitutio. This book was released on 2019-05-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2015, Poland's populist Law and Justice Party (PiS) has been dismantling the major checks and balances of the Polish state and subordinating the courts, the civil service, and the media to the will of the executive. Political rights have been radically restricted, and the Party has captured the entire state apparatus. The speed and depth of these antidemocratic movements took many observers by surprise: until now, Poland was widely regarded as an example of a successful transitional democracy. Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy? These answers are formulated against a backdrop of current worldwide trends towards populism, authoritarianism, and what is sometimes called 'illiberal democracy'. As this book argues, the Polish variant of 'illiberal democracy' is an oxymoron. By undermining the separation of powers, the PiS concentrates all power in its own hands, rendering any democratic accountability illusory. There is, however, no inevitability in these anti-democratic trends: this book considers a number of possible remedies and sources of hope, including intervention by the European Union.

Reconciliation, Transitional and Indigenous Justice

Author : Krushil Watene
Publisher : Routledge
ISBN 13 : 1000061272
Total Pages : 245 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Reconciliation, Transitional and Indigenous Justice by : Krushil Watene

Download or read book Reconciliation, Transitional and Indigenous Justice written by Krushil Watene and published by Routledge. This book was released on 2020-05-21 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa's Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-Indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. With the addition of one chapter from The Round Table, the chapters in this book were originally published as a special issue in the Journal of Global Ethics.

Normative Spaces and Legal Dynamics in Africa

Author : Katrin Seidel
Publisher : Routledge
ISBN 13 : 1000060969
Total Pages : 276 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Normative Spaces and Legal Dynamics in Africa by : Katrin Seidel

Download or read book Normative Spaces and Legal Dynamics in Africa written by Katrin Seidel and published by Routledge. This book was released on 2020-06-09 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: African legal realities reflect an intertwining of transnational, regional, and local normative frameworks, institutions, and practices that challenge the idea of the sovereign territorial state. This book analyses the novel constellations of governance actors and conditions under which they interact and compete. The work follows a spatial approach as the emphasis on normative spaces opens avenues to better understand power relations, processes of institutionalization, and the production of legitimacy and normativities themselves. Selected case studies from thirteen African countries deliver new empirical data and grounded insights from, and into, particular normative spaces. The individual chapters explore the interrelationships between various normative orders, diverse actors, and their influences. The encounters between different normative understandings and actors open up space and multiple forums for negotiating values. The authors analyse how different doctrines, institutions, and practices are constructed, contested, negotiated, and adapted in translation processes and thereby continuously reshape Africa’s multidimensional normative spaces. The volume delivers nuanced views of jurisprudence in Africa and presents an excellent resource for scholars and students of anthropology, legal geography, legal studies, sociology, political sciences, international relations, African studies, and anyone wishing to gain a better understanding of how legal constellations are shaped by unreflected assumptions about the state and the rule of law.

Security Sector Reform in Constitutional Transitions

Author : Sumit Bisarya
Publisher : International Institute for Democracy and Electoral Assistance (International IDEA)
ISBN 13 : 917671330X
Total Pages : 33 pages
Book Rating : 4.1/5 (767 download)

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Book Synopsis Security Sector Reform in Constitutional Transitions by : Sumit Bisarya

Download or read book Security Sector Reform in Constitutional Transitions written by Sumit Bisarya and published by International Institute for Democracy and Electoral Assistance (International IDEA). This book was released on 2020-10-05 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt: Security sector reform, democratization and constitutional reform are intrinsically linked. The constitution-building process can therefore provide a critical forum for negotiations over changes in the relationship between civilian and security sector institutions. This Policy Paper aims to support advisors and decision-makers in navigating these complex transitions. The Paper focuses on the relationship between security sector reform (SSR) and constitutional reform processes. While SSR and constitution-building are typically seen as separate issues, in practice they are deeply interconnected, and the success of a transition to constitutional democracy depends on the successful handling of security sector issues. Constitutional reform and SSR processes intersect in democratic transitions from military rule, civil war and authoritarian regimes.

Federalism and Constitutional Law

Author : Erika Arban
Publisher : Routledge
ISBN 13 : 1000385574
Total Pages : 274 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Federalism and Constitutional Law by : Erika Arban

Download or read book Federalism and Constitutional Law written by Erika Arban and published by Routledge. This book was released on 2021-05-09 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the relationship between central government and local institutions, taking Italy as a case study to present a comparative perspective on how the Italian experience has influenced the global developments of federal and regional states. As the country with the longest standing regional system, Italy has a lot to tell countries that are dealing with similar issues in present times. Adopting a theoretical/analytical approach coupled with comparative analysis, this volume critically reflects on the changes brought to the Italian system of government by the reform of Title V of the Italian constitution, the reasons why further decentralisation has been resisted and offers a comparative overview of the place and contributions that the Italian experience has brought to the global debate on regionalism and federalism. The book is divided into two parts: Part I distils the essence of the evolution of Italian regionalism and the respective debate before and after 2001. While focusing on Italy, the various chapters situate it within the global framework of discussion. Part II reflects on how the Italian regional constitutional architecture contributes to the global debate, particularly focusing on the main innovations brought about by constitutional reform. The book will be essential reading for researchers, academics and policy-makers working in the areas of constitutional law and politics, and federalism. Chapters 5 and 8 of this book are freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license available at http://www.taylorfrancis.com/books/e/9781003104469

The Failure of Popular Constitution Making in Turkey

Author : Felix Petersen
Publisher : Cambridge University Press
ISBN 13 : 1108497624
Total Pages : 427 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Failure of Popular Constitution Making in Turkey by : Felix Petersen

Download or read book The Failure of Popular Constitution Making in Turkey written by Felix Petersen and published by Cambridge University Press. This book was released on 2020-01-16 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.

Transitional Justice, Judicial Accountability and the Rule of Law

Author : Hakeem O. Yusuf
Publisher : Routledge
ISBN 13 : 1136971637
Total Pages : 216 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis Transitional Justice, Judicial Accountability and the Rule of Law by : Hakeem O. Yusuf

Download or read book Transitional Justice, Judicial Accountability and the Rule of Law written by Hakeem O. Yusuf and published by Routledge. This book was released on 2010-04-29 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.