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Transitional Justice And The Rule Of Law In New Democracies
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Book Synopsis Transitional Justice and the Rule of Law in New Democracies by : A. James McAdams
Download or read book Transitional Justice and the Rule of Law in New Democracies written by A. James McAdams and published by . This book was released on 1997 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options. Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order. This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past--it constitutes a formative act which directly affects the quality and credibility of democratic institutions.
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.
Book Synopsis The Politics of Memory by : Alexandra Barahona De Brito
Download or read book The Politics of Memory written by Alexandra Barahona De Brito and published by OUP Oxford. This book was released on 2001-04-05 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memory sheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression. The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and long after official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players are becoming increasingly influential in shaping national policy where human rights are concerned.
Book Synopsis Transitional Justice by : Neil J. Kritz
Download or read book Transitional Justice written by Neil J. Kritz and published by US Institute of Peace Press. This book was released on 1995 with total page 836 pages. Available in PDF, EPUB and Kindle. Book excerpt: KGB Files and Agents.
Book Synopsis Transitional Justice by : Neil J. Kritz
Download or read book Transitional Justice written by Neil J. Kritz and published by US Institute of Peace Press. This book was released on 1995 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword - Nelson Mandela
Book Synopsis Comparing Transitions to Democracy. Law and Justice in South America and Europe by : Cristiano Paixão
Download or read book Comparing Transitions to Democracy. Law and Justice in South America and Europe written by Cristiano Paixão and published by Springer Nature. This book was released on 2021-10-01 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: This present book examines some of the key features of the interplay between legal history, authoritarian rule and political transitions in Brazil and other countries from the end of 20th Century until today. This book casts light on these aspects of the role of law and legal actors/institutions. In the context of transition from authoritarian rule to democratic state, Brazil has produced a significant literature on the challenges and shortcomings of the transition, but little attention has been given to the role of law and legal actors/institutions. Different approaches focus on the legal mechanisms, discourses and practices used by the military regime and by the players involved in the political transition process in Brazil. A comparative perspective that takes into account different political transitions – and their legal consequences – in Europe and Latin America complements the analysis. Part 1 (4 essays) discusses some of the central issues of political transition and legal history in contemporary Brazil, focusing on the time of the transition (and its effects on transitional justice) with different perspectives, from racial and gender issues to constitutional reform and police repression. Part 2 (3 essays) brings the comparative studies on South American experiences. Part 3 (4 essays) analyses different cases of transition to democracy in Chile, Portugal, Spain and Italy. Part 4 (3 essays) proposes a historiographical and methodological approach, considering the politics of time involved in the interplay between political transitions and legal history.
Book Synopsis Transitional Justice and the Rules of Law in New Democracies by : A.James McAdams
Download or read book Transitional Justice and the Rules of Law in New Democracies written by A.James McAdams and published by . This book was released on 1997 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study focuses on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included are essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland and South Africa.
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.
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.
Book Synopsis The Politics of Memory:Transitional Justice in Democratizing Societies by : Alexandra Barahona De Brito
Download or read book The Politics of Memory:Transitional Justice in Democratizing Societies written by Alexandra Barahona De Brito and published by OUP Oxford. This book was released on 2001-04-05 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most important political and ethical questions faced during a political transition from authoritarian or totalitarian to democratic rule is how to deal with legacies of repression. Indeed, some of the most fundamental questions regarding law, morality and politics are raised at such times, as societies look back to understand how they lost their moral and political compass, failing to contain violence and promote the values of tolerance and peace. The Politics of Memorysheds light on this important aspect of transitional politics, assessing how Portugal, Spain, the countries of Central and Eastern Europe and Germany after reunification, Russia, the Southern Cone of Latin America and Central America, as well as South Africa, have confronted legacies of repression.The book examines the presence - or absence - of three types of official efforts to come to terms with the past: truth commissions, trials and amnesties, and purges. In addition, it looks at unofficial initiatives emerging from within society, usually involving human rights organisations (HROs), churches or political parties. Where relevant, it also examines the 'politics of memory,' whereby societies re-work the past in an effort to come to terms with it, both during the transitions and longafter official transitional policies have been implemented or forgotten. The book also assesses the significance of forms of reckoning with the past for a process of democratization or democratic deepening. It also focuses on the role of international actors in such processes, as external players arebecoming increasingly influential in shaping national policy where human rights are concerned.
Download or read book After Violence written by Elin Skaar and published by Routledge. This book was released on 2015-04-17 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: After Violence: Transitional Justice, Peace, and Democracy examines the effects of transitional justice on the development of peace and democracy. Anticipated contributions of transitional justice mechanisms are commonly stated in universal terms, with little regard for historically specific contexts. Yet a truth commission, for example, will not have the same function in a society torn by long-term civil war or genocide as in a society emerging from authoritarian repression. Addressing trials, reparations, truth commissions, and amnesties, the book systematically addresses the experiences of four very different contemporary transitional justice cases: post-authoritarian Uruguay and Peru and post-conflict Rwanda and Angola. Its analysis demonstrates that context is a crucial determinant of the impact of transitional justice processes, and identifies specific contextual obstacles and limitations to these processes. The book will be of much interest to scholars in the fields of transitional justice and peacebuilding, as well as students generally concerned with human rights and democratisation.
Book Synopsis Dictatorship, Democracy, and Transitional Justice in Global Legal History by : Ignacio Czeguhn
Download or read book Dictatorship, Democracy, and Transitional Justice in Global Legal History written by Ignacio Czeguhn and published by Duncker & Humblot. This book was released on 2023-12-19 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: The anthology presents the lectures given on the symposium »From Dictatorship to democracy« at the House of the Wannsee Conference on 13–14 September 2021. The aim of the organizers was to show what problems existed during the transition from dictatorship to democracy in several countries around the world. They all enacted laws or other measures to ensure that fundamental rights and the rule of law would resist anti-democratic ideologies, anti-Semitism, racism, and war crimes in the future. However, the legal system and law in these countries themselves often had their origins in dictatorship. Thus, there were and are obvious and hidden anti-democratic continuities that influence law and the legal system up to the present. Scientifics and jurists from Italy, Japan, Poland, Spain, South Africa, and Germany examine these continuities in their contributions.
Author :American Society for Political and Legal Philosophy. Meeting Publisher :NYU Press ISBN 13 :0814794661 Total Pages :382 pages Book Rating :4.8/5 (147 download)
Book Synopsis Transitional Justice by : American Society for Political and Legal Philosophy. Meeting
Download or read book Transitional Justice written by American Society for Political and Legal Philosophy. Meeting and published by NYU Press. This book was released on 2012-05-28 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume ... arose out of the papers and commentaries presented at the annual meeting of the American Society for Legal and Political Philosophy in conjunction with the American Political Science Association meetings in Washington, D.C., in September 2005"--Preface.
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 412 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.
Book Synopsis Transitional Justice in Comparative Perspective by : Samar El-Masri
Download or read book Transitional Justice in Comparative Perspective written by Samar El-Masri and published by Springer Nature. This book was released on 2020-01-17 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: What if we could change the conditions in post-conflict/post-authoritarian countries to make transitional justice work better? This book argues that if the context in countries in need of transitional justice can be ameliorated before processes of transitional justice are established, they are more likely to meet with success. As the contributors reveal, this can be done in different ways. At the attitudinal level, changing the broader social ethos can improve the chances that societies will be more receptive to transitional justice. At the institutional level, the capacity of mechanisms and institutions can be strengthened to offer more support to transitional justice processes. Drawing on lessons learned in Colombia, Democratic Republic of the Congo, The Gambia, Lebanon, Palestine, and Uganda, the book explores ways to better the conditions in post-conflict/post-authoritarian countries to improve the success of transitional justice.
Book Synopsis Transitional Justice by : Norman Weiß
Download or read book Transitional Justice written by Norman Weiß and published by Universitätsverlag Potsdam. This book was released on 2022-01-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication deals with the topic of transitional justice. In six case studies, the authors link theoretical and practical implications in order to develop some innovative approaches. Their proposals might help to deal more effectively with the transition of societies, legal orders and political systems. Young academics from various backgrounds provide fresh insights and demonstrate the relevance of the topic. The chapters analyse transitions and conflicts in Sierra Leone, Argentina, Nicaragua, Nepal, and South Sudan as well as Germany’s colonial genocide in Namibia. Thus, the book provides the reader with new insights and contributes to the ongoing debate about transitional justice. Gegenstand dieser Publikation ist das Thema „Transitional Justice“. In sechs Fallstudien verknüpfen die Autoren theoretische und praktische Implikationen, um innovative Ansätze zu entwickeln. Ihre Vorschläge wollen dazu beitragen, den Übergangsprozess von Gesellschaften, Rechtsordnungen und politischen Systemen effektiver zu gestalten. Nachwuchswissenschaftler mit unterschiedlichem fachlichem Hintergrund geben hier neue Einblicke und zeigen die fortdauernde Relevanz des Themas. Die Kapitel analysieren Übergänge und Konflikte in Sierra Leone, Argentinien, Nicaragua, Nepal und Süd-Sudan sowie den kolonialen Völkermord in Namibia. So liefert das Buch dem Leser neue Erkenntnisse und trägt zur laufenden Debatte über das Thema „Transitional Justice“ bei.
Download or read book Transitional Justice written by and published by . This book was released on 1995 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt:
