Transitional Justice, Distributive Justice, and Transformative Constitutionalism

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Publisher : Oxford University Press
ISBN 13 : 0192887629
Total Pages : 513 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Transitional Justice, Distributive Justice, and Transformative Constitutionalism by : David Bilchitz

Download or read book Transitional Justice, Distributive Justice, and Transformative Constitutionalism written by David Bilchitz and published by Oxford University Press. This book was released on 2024-02-28 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers the first dedicated scholarly comparison of Colombia and South Africa in relation to the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism.

Transformative Constitutionalism in Latin America

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Publisher : Oxford University Press
ISBN 13 : 0192515462
Total Pages : 465 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Transformative Constitutionalism in Latin America by : Armin von Bogdandy

Download or read book Transformative Constitutionalism in Latin America written by Armin von Bogdandy and published by Oxford University Press. This book was released on 2017-06-16 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking collection of essays outlines and explains the unique development of Latin American jurisprudence. It introduces the idea of the Ius Constitutionale Commune en América Latina (ICCAL), an original Latin American path of transformative constitutionalism, to an Anglophone audience for the first time. It charts the key developments that have transformed the region and assesses the success of the constitutional projects that followed a period of authoritarian regimes in Latin America. Coined by scholars who have been documenting, conceptualizing, and comparing the development of Latin American public law for more than a decade, the term ICCAL encompasses themes that cross national borders and legal fields, taking in constitutional law, administrative law, general public international law, regional integration law, human rights, and investment law. Not only does this volume map the legal landscape, it also suggests measures to improve society via due legal process and a rights-based, supranational and regionally rooted constitutionalism. The editors contend that with the strengthening of democracy, the rule of law, and human rights, common problems such as the exclusion of wide sectors of the population from having a say in government, as well as corruption, hyper-presidentialism, and the weak normativity of the law can be combatted more effectively in future.

From Transitional to Transformative Justice

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Publisher : Cambridge University Press
ISBN 13 : 1108668577
Total Pages : 345 pages
Book Rating : 4.1/5 (86 download)

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Book Synopsis From Transitional to Transformative Justice by : Paul Gready

Download or read book From Transitional to Transformative Justice written by Paul Gready and published by Cambridge University Press. This book was released on 2019-02-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.

Transitional Justice

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Publisher : Oxford University Press
ISBN 13 : 019988224X
Total Pages : 305 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 305 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.

Transitional Justice Theories

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Publisher : Routledge
ISBN 13 : 1135055068
Total Pages : 239 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Transitional Justice Theories by : Susanne Buckley-Zistel

Download or read book Transitional Justice Theories written by Susanne Buckley-Zistel and published by Routledge. This book was released on 2013-10-30 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transitional Justice Theories is the first volume to approach the politically sensitive subject of post-conflict or post-authoritarian justice from a theoretical perspective. It combines contributions from distinguished scholars and practitioners as well as from emerging academics from different disciplines and provides an overview of conceptual approaches to the field. The volume seeks to refine our understanding of transitional justice by exploring often unarticulated assumptions that guide discourse and practice. To this end, it offers a wide selection of approaches from various theoretical traditions ranging from normative theory to critical theory. In their individual chapters, the authors explore the concept of transitional justice itself and its foundations, such as reconciliation, memory, and truth, as well as intersections, such as reparations, peace building, and norm compliance. This book will be of particular interest for scholars and students of law, peace and conflict studies, and human rights studies. Even though highly theoretical, the chapters provide an easy read for a wide audience including readers not familiar with theoretical investigations.

The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe

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Publisher : Springer
ISBN 13 : 331948530X
Total Pages : 325 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe by : Liviu Damşa

Download or read book The Transformation of Property Regimes and Transitional Justice in Central Eastern Europe written by Liviu Damşa and published by Springer. This book was released on 2017-01-03 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the property transformations in post-communist Central Eastern Europe (CEE) and focuses on the role of restitution and privatisation in such transformations. It argues that the theorisation of ‘restitution’ in post-communist CEE is incomplete in the transitional justice scholarship and in the literature on correction of historical wrongs. The book also argues that, for a more complete theorisation of (post-communist) restitution, the transformations of property in post-communist societies ought to be studied in a more holistic way. The main legal vehicles used for such transformations, privatisation and restitution, should not be studied separately and in abstract, but in their reciprocal relationship, and in connection to the dimension of justice which each could achieve. Finally, the book integrates ‘privatisation’ in a theory of post-communist transformation of property.

The Era of Transitional Justice

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Publisher : Routledge
ISBN 13 : 1136902198
Total Pages : 607 pages
Book Rating : 4.1/5 (369 download)

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Book Synopsis The Era of Transitional Justice by : Paul Gready

Download or read book The Era of Transitional Justice written by Paul Gready and published by Routledge. This book was released on 2010-10-18 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Era of Transitional Justice explores a broad set of issues raised by political transition and transitional justice through the prism of the South African TRC. South Africa constitutes a powerful case study of the enduring structural legacies of a troubled past, and of both the potential and limitations of transitional justice and human rights as agents of transformation in the contemporary era. South Africa‘s story has wider relevance because it helped to launch constitutional human rights and transitional justice as global discourses; as such, its own legacy is to some extent writ large in post-authoritarian and post-conflict contexts across the world. Based on a decade of research, and in an analysis that is both comparative and interdisciplinary, Paul Gready maintains that transitional justice needs to do more to address structural violence and in particular poverty, inequality and social and criminal violence as these have emerged as stubborn legacies from an oppressive or war-torn past in many parts of the world. Organised around four central themes new keyword conceptualisation (truth, justice, reconciliation); re-imagining human rights; engaging with the past and present; remaking the public sphere it is an argument that will be of considerable relevance to those interested in the law and politics of transitional societies.

Transitional Justice

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Publisher : Routledge
ISBN 13 : 1317007271
Total Pages : 285 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Transitional Justice by : Christine Bell

Download or read book Transitional Justice written by Christine Bell and published by Routledge. This book was released on 2016-02-17 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection on transitional justice sits as part of a library of essays on different concepts of ’justice’. Yet transitional justice appears quite different from other types of justice and fundamental ambiguities characterise the term that raise questions as to how it should sit alongside other concepts of justice. This collection attempts to capture and portray three different dimensions of the transitional justice field. Part I addresses the origins of the field which continue to bedevil it. Indeed the origins themselves are increasingly debated in what is an emergent contested historiography of the field that assists in understanding its contemporary quirks and concerns. Part II addresses and sets out parts of the ’tool-kit’ of transitional justice, which could be understood as the canonical research agenda of the field. Part III tries to convey a sense of the way in which the field is un-folding and extending to new transitions, tools, theories of justice, and self-critique.

The DNA of Constitutional Justice in Latin America

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Publisher : Cambridge University Press
ISBN 13 : 1107178363
Total Pages : 281 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The DNA of Constitutional Justice in Latin America by : Daniel M. Brinks

Download or read book The DNA of Constitutional Justice in Latin America written by Daniel M. Brinks and published by Cambridge University Press. This book was released on 2018-04-19 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.

Gender in Transitional Justice

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Publisher : Springer
ISBN 13 : 0230348610
Total Pages : 299 pages
Book Rating : 4.2/5 (33 download)

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Book Synopsis Gender in Transitional Justice by : S. Buckley-Zistel

Download or read book Gender in Transitional Justice written by S. Buckley-Zistel and published by Springer. This book was released on 2011-11-30 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.

Justice as Prevention

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Publisher : SSRC
ISBN 13 : 0979077214
Total Pages : 568 pages
Book Rating : 4.9/5 (79 download)

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Book Synopsis Justice as Prevention by : Pablo De Greiff

Download or read book Justice as Prevention written by Pablo De Greiff and published by SSRC. This book was released on 2007 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries emerging from armed conflict or authoritarian rule face difficult questions about what to do with public employees who perpetrated past human rights abuses and the institutional structures that allowed such abuses to happen. Justice as Prevention: Vetting Public Employees in Transitional Societies examines the transitional reform known as "vetting"-the process by which abusive or corrupt employees are excluded from public office. More than a means of punishing individuals, vetting represents an important transitional justice measure aimed at reforming institutions and preventing the recurrence of abuses. The book is the culmination of a multiyear project headed by the International Center for Transitional Justice that included human rights lawyers, experts on police and judicial reform, and scholars of transitional justice and reconciliation. It features case studies of Argentina, Bosnia and Herzegovina, the Czech Republic, El Salvador, the former German Democratic Republic, Greece, Hungary, Poland, and South Africa, as well as chapters on due process, information management, and intersections between other institutional reforms.

Constitutionalism of the Global South

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Publisher : Cambridge University Press
ISBN 13 : 1107067936
Total Pages : 421 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Constitutionalism of the Global South by : Daniel Bonilla Maldonado

Download or read book Constitutionalism of the Global South written by Daniel Bonilla Maldonado and published by Cambridge University Press. This book was released on 2013-04-18 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.

Constitutionalism

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Publisher : Oxford University Press
ISBN 13 : 0192650513
Total Pages : 497 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Constitutionalism by : Alejandro Linares Cantillo

Download or read book Constitutionalism written by Alejandro Linares Cantillo and published by Oxford University Press. This book was released on 2021-03-11 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compilation of twenty essays prepared for the occasion of the XIII Academic Conference of the Constitutional Court of the Republic of Colombia, held in Bogota in January 2019. Gathering some of the most prominent authors in constitutionalism and legal theory, the chapters critically examine classical debates, such as the role of judicial review in a democracy, the enforcement of socio-economic rights, the doctrine of unconstitutional amendments, the use of international and foreign precedents by national Courts, and the theory of transitional justice. The book opens a dialogue between philosophers and empirical researchers, building bridges between 'Global North' and 'Global South' approaches to constitutionalism. As such, it is an invitation to reengage with the classical debates on constitutionalism whilst also providing fresh insights into the future of this discipline.

Distributive Justice in Transitions

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Publisher : Torkel Opsahl Academic EPublisher
ISBN 13 : 8293081120
Total Pages : 456 pages
Book Rating : 4.2/5 (93 download)

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Book Synopsis Distributive Justice in Transitions by : Morten Bergsmo

Download or read book Distributive Justice in Transitions written by Morten Bergsmo and published by Torkel Opsahl Academic EPublisher. This book was released on 2010-08-01 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters of this book explore, from different disciplinary perspectives, the relationship between transitional justice, distributive justice, and economic efficiency in the settlement of internal armed conflicts. They specifically discuss the role of land reform as an instrument of these goals, and examine how the balance between different perspectives has been attempted (or not) in selected cases of internal armed conflicts, and how it should be attempted in principle. Although most chapters closely examine the Colombian case, some provide a comparative perspective that includes countries in Latin America, Africa, and Eastern Europe, while others examine some of the more general, theoretical issues involved.

Transitional Justice and Reconciliation

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Publisher : Routledge
ISBN 13 : 1317529561
Total Pages : 287 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Transitional Justice and Reconciliation by : Martina Fischer

Download or read book Transitional Justice and Reconciliation written by Martina Fischer and published by Routledge. This book was released on 2015-11-06 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars and practitioners alike agree that somehow the past needs to be addressed in order to enable individuals and collectives to rebuild trust and relationships. However, they also continue to struggle with critical questions. When is the right moment to address the legacies of the past after violent conflict? How can societies address the past without deepening the pain that arises from memories related to the violence and crimes committed in war? How can cultures of remembrance be established that would include and acknowledges the victims of all sides involved in violent conflict? How can various actors deal constructively with different interpretations of facts and history? Two decades after the wars, societies in Bosnia, Serbia and Croatia – albeit to different degrees – are still facing the legacies of the wars of the 1990s on a daily basis. Reconciliation between and within these societies remains a formidable challenge, given that all three countries are still facing unresolved disputes either at a cross-border level or amongst parallel societies that persist at a local community level. This book engages scholars and practitioners from the regions of former Yugoslavia, as well as international experts, to reflect on the achievements and obstacles that characterise efforts to deal with the past. Drawing variously on empirical studies, theoretical discussions, and practical experience, their contributions offer invaluable insights into the complex relationship between transitional justice and conflict transformation.

Transitional Justice and Development

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Publisher :
ISBN 13 : 9780979077296
Total Pages : 0 pages
Book Rating : 4.0/5 (772 download)

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Book Synopsis Transitional Justice and Development by : Pablo De Greiff

Download or read book Transitional Justice and Development written by Pablo De Greiff and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As developing societies emerge from legacies of conflict and authoritarianism, they are frequently beset by poverty, inequality, weak institutions, broken infrastructure, poor governance, insecurity, and low levels of social capital. These countries also tend to propagate massive human rights violations, which displace victims who are marginalized, handicapped, widowed, and orphaned--in other words, people with strong claims to justice. Those who work with others to address development and justice often fail to supply a coherent response to these concerns. The essays in this volume confront the intricacies--and interconnectedness--of transitional governance issues head on, mapping the relationship between two fields that, academically and in practice, have grown largely in isolation of one another. The result of a research project conducted by the International Center for Transitional Justice (ICTJ), this book explains how justice and recovery can be aligned not only in theory but also in practice, among both people and governments as they reform.

Theorizing Transitional Justice

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Publisher : Routledge
ISBN 13 : 1317010868
Total Pages : 360 pages
Book Rating : 4.3/5 (17 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 Routledge. This book was released on 2016-02-17 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the theoretical underpinnings of the field of transitional justice, something that has hitherto been lacking both in study and practice. With the common goal of clarifying some of the theoretical profiles of transitional justice strategies, the study is organized along crucial intersections evaluating aspects connected to the genealogy, the nature, the scope and the most appropriate methodology for the study of transitional justice. The chapters also take up normative and political considerations pertaining to specific transitional instruments such as war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions. Bringing together some of the most original writings from established experts as well as from promising young scholars in the field, the collection will be an essential resource for researchers, academics and policy-makers in Law, Philosophy, Politics, and Sociology.