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Title:

Constitutionalizing transitional justice : how constitutions and constitutional courts deal with past atrocity / edited by Cheng-Yi Huang.

Publisher:

Routledge,

Copyright Date:

2023

Description:

xiv, 258 pages ; 24 cm

Subject:

Civil rights.
Transitional justice.
New democracies.
Constitutional law.
Constitutional courts.
Civil rights.
Constitutional courts.
Constitutional law.
New democracies.
Transitional justice.

Other Authors:

Huang, Cheng-Yi, editor.

Notes:

Includes bibliographical references and index.

Contents:

The dilemmas of transitional justice and the South African experience / Richard J. Goldstone -- Facing the shadows of the past during transitions : the role of the constitutions in the case of Hungary / Kriszta Kovacs -- Constitutional divergence and transitional justice in South Korea and Taiwan / Cheng-Yi Huang & Yi-Li Lee -- Constitutional justice and negotiated peace in Colombia / Nelson Camilo Sanchez Leon -- Constitutions, courts, and the quest for transitional justice : the Case of Chile / Javier Couso -- Coordinated transition in East Central Europe and the role of constitutional courts in transitional justice : experiences from Hungary and Moldova / Gabor Attila Toth -- The determinants of the Polish transformation at the turn of the 21st Century : in view of the judgments of the Constitutional Tribunal of Poland / Prof. dr hab. Marek Zubik -- Transitional justice in a 19th-century Constitution : cautionary observations from the United States / Vicki C. Jackson and Harry Larson -- 'Cadres' in post-communist transition : shifting the loyalty standards in public service after regime change / Anna Sledzinska-Simon -- Between blaming and naming : constitutional review of bans on communist parties in post-Soviet states / Alexei Trochev.

Summary:

"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"-- Provided by publisher.

Series:

Routledge socio-legal frontiers of transitional justice

ISBN:

1032369442
9781032369440
1138585750
9781138585751

OCLC:

(OCoLC)1345242342

LCCN:

2022023916

Locations:

OVUX522 -- University of Iowa Libraries (Iowa City)