Constitutionalism And Transitional Justice In South Africa

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Constitutionalism and Transitional Justice in South Africa

Author : Andrea Lollini
Publisher : Berghahn Books
Page : 240 pages
File Size : 53,6 Mb
Release : 2011
Category : Law
ISBN : 9781845457648

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Constitutionalism and Transitional Justice in South Africa by Andrea Lollini Pdf

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, Distributive Justice, and Transformative Constitutionalism

Author : David Bilchitz,Professor and Director David Bilchitz,Research Associate and LLD Candidate Raisa Cachalia
Publisher : Oxford University Press
Page : 513 pages
File Size : 49,7 Mb
Release : 2024-02-28
Category : Law
ISBN : 9780192887627

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Transitional Justice, Distributive Justice, and Transformative Constitutionalism by David Bilchitz,Professor and Director David Bilchitz,Research Associate and LLD Candidate Raisa Cachalia Pdf

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.

Constitutionalizing Transitional Justice

Author : Cheng-Yi Huang
Publisher : Taylor & Francis
Page : 263 pages
File Size : 47,8 Mb
Release : 2022-11-11
Category : Law
ISBN : 9780429998836

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Constitutionalizing Transitional Justice by Cheng-Yi Huang Pdf

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.

The Era of Transitional Justice

Author : Paul Gready
Publisher : Routledge
Page : 270 pages
File Size : 51,5 Mb
Release : 2010-10-18
Category : Law
ISBN : 9781136902192

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The Era of Transitional Justice by Paul Gready Pdf

First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.

Law, Nation-building & Transformation

Author : Catherine Jenkins,Max Du Plessis
Publisher : Unknown
Page : 0 pages
File Size : 44,9 Mb
Release : 2014
Category : Constitutional history
ISBN : 1780681844

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Law, Nation-building & Transformation by Catherine Jenkins,Max Du Plessis Pdf

In this book, 15 contributors from the disciplines of law, politics, and sociology reflect on South Africa's transition to democracy and the challenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics is expansive, in keeping with a broader-than-usual definition of transitional justice which, it is argued, is more appropriate for States faced with the mammoth tasks of reform and institution-building in a context in which democracy has never been firmly rooted and the existence of widespread poverty gives rise to the dual demands for both bread and freedom. In the case of South Africa, the post-apartheid era has been characterized by wide-ranging attempts at transformation and nation-building, from the well-known Truth and Reconciliation Commission to reforms in education and policing, the promotion of women's rights, the reform of land law, the provision of basic services to hundreds of thousands of poor households, a new framework for freedom of expression, and the transformation of the judiciary. In the light of South Africa's commitment to a new constitutional dispensation and to legal regulation, this volume focuses in particular, but not exclusively, on the role that law and lawyers have played in social and political change in South Africa in the post-apartheid era. It sets the South African experience in historical and comparative perspective and considers whether any lessons may be learned for the field of transitional justice. (Series: Transitional Justice - Vol. 15)

Law, Memory, and the Legacy of Apartheid

Author : Wessel Le Roux,Karin Van Marle
Publisher : PULP
Page : 219 pages
File Size : 49,5 Mb
Release : 2007
Category : Amnesty
ISBN : 9780980265835

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Law, Memory, and the Legacy of Apartheid by Wessel Le Roux,Karin Van Marle Pdf

The Colombian Constitutional Court in Comparative Perspective

Author : Alejandro Linares Cantillo
Publisher : Unknown
Page : 497 pages
File Size : 52,5 Mb
Release : 2021-03
Category : Electronic
ISBN : 9780192896759

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The Colombian Constitutional Court in Comparative Perspective by Alejandro Linares Cantillo Pdf

This compilation of twenty essays gathers some of the most prominent authors in constitutionalism and legal theory to 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, and the theory of transitional justice.

Human Rights, Peace and Justice in Africa

Author : Christof H. Heyns,Karen Stefiszyn
Publisher : PULP
Page : 448 pages
File Size : 49,7 Mb
Release : 2006
Category : Africa
ISBN : 9780958509749

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Human Rights, Peace and Justice in Africa by Christof H. Heyns,Karen Stefiszyn Pdf

Human Rights in Africa

Author : Eunice N. Sahle
Publisher : Springer
Page : 335 pages
File Size : 48,8 Mb
Release : 2019-02-01
Category : Political Science
ISBN : 9781137519153

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Human Rights in Africa by Eunice N. Sahle Pdf

This edited collection explores key human rights themes and situates them in the context of developments on the African continent. It examines critical debates in human rights bringing together conceptually and empirically rich contributions from leading thinkers in human rights and African studies. Drawing on scholarly insights from the fields of constitutional law, human rights, development, feminist studies, public health, and media studies, the volume contributes to scholarly debates on constitutionalism, the right to water, securitization of development, environmental and transitional justice, sexual rights, conflict and gender-based violence, the right to development, and China’s deepening role in Africa. Consequently, it makes an important scholarly intervention on timely issues pertaining to the African continent and beyond.

Constitutionalism and Democratic Transitions

Author : Veronica Federico,Carlo Fusaro
Publisher : Firenze University Press
Page : 222 pages
File Size : 41,6 Mb
Release : 2006
Category : Law
ISBN : 9788884534019

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Constitutionalism and Democratic Transitions by Veronica Federico,Carlo Fusaro Pdf

"The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description

International Law and Transitional Governance

Author : Emmanuel H. D. De Groof,Micha Wiebusch
Publisher : Routledge
Page : 281 pages
File Size : 50,9 Mb
Release : 2020-04-28
Category : Law
ISBN : 9780429614118

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International Law and Transitional Governance by Emmanuel H. D. De Groof,Micha Wiebusch Pdf

This volume examines the role of international law in shaping and regulating transitional contexts, including the institutions, policies, and procedures that have been developed to steer constitutional regime changes in countries affected by catalytic events. The book offers a new perspective on the phenomenon of conflict-related transitions, whereby societies are re-constitutionalized through a set of interim governance arrangements subject to variable degrees of internationalization. Specifically, this volume interrogates the relevance, contribution, and perils of international law for this increasingly widespread phenomenon of inserting an auxiliary phase between two ages of constitutional government. It develops a nuanced understanding of the various international legal discourses surrounding conflict- and political crisis-related transitional governance by studying the contextual factors that influence the transitional arrangements themselves, with a specific focus on international aspects, including norms, actors, and related forms of expertise. In doing so, the book builds a bridge between comparative constitutional law and international legal scholarship in the practical and highly dynamic terrain of transitional governance. This book will be of much interest to practitioners and students of international law, diplomacy, mediation, security studies, and international relations.

Corruption and Constitutionalism in Africa

Author : Charles M. Fombad,Nico Steytler
Publisher : Oxford University Press
Page : 560 pages
File Size : 48,7 Mb
Release : 2020-03-12
Category : Law
ISBN : 9780192597687

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Corruption and Constitutionalism in Africa by Charles M. Fombad,Nico Steytler Pdf

This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.

Exploring Social Rights

Author : Daphne Barak-Erez,Aeyal Gross
Publisher : Bloomsbury Publishing
Page : 416 pages
File Size : 55,7 Mb
Release : 2007-12-19
Category : Law
ISBN : 9781847313874

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Exploring Social Rights by Daphne Barak-Erez,Aeyal Gross Pdf

Exploring Social Rights looks into the theoretical and practical implications of social rights. The book is organised in five parts. Part I considers theoretical aspects of social rights, and looks into their place within political and legal theory and within the human rights tradition; Part II looks at the status of social rights in international law, with reference to the challenge of globalisation and to the significance of specific regional regulation (such as the European System); Part III includes discussions of various legal systems which are of special interest in this area (Canada, South Africa, India and Israel); Part IV looks at the content of a few central social rights (such as the right to education and the right to health); and Part V discusses the relevance of social rights to distinct social groups (women and people with disabilities). The articles in the book, while using the category of social rights, also challenge the separation of rights into distinct categories and question the division of rights to 'civil' vs 'social' rights, from a perspective which considers all rights as 'social'. This book will be of interest to anyone concerned with human rights, the legal protection of social rights and social policy. 'Social rights are the stepchildren of the human rights family. Are they really 'rights'? Can courts enforce them? And does it make any difference when they try? This remarkable collection of essays by distinguished scholars offers important new responses to all the basic questions. Ranging across disciplinary and national boundaries and brimming with both theoretical and practical insights, the book is especially welcome in this moment of mounting inequalities and growing interest in the possibilities and perils of social rights.' William E Forbath, Lloyd M Bentsen Chair in Law and Professor of History, University of Texas at Austin 'At the auspicious moment of the sixtieth anniversary of the Universal Declaration of Human Rights, and more than half a century since the beginning of the Human Rights Revolution–a time characterized by the end of the cold war, globalization and privatization, comes this important compilation which critically revisits the international commitment to social rights, and reconceives its core distinguishing principles–from crosscutting comparative, theoretical and practical perspectives–illuminating our commitment to human security.' Ruti Teitel, Ernst Stiefel Professor of Comparative Law, New York Law School. Author, 'Transitional Justice' (OUP 2002)

Theorizing Transitional Justice

Author : Claudio Corradetti,Nir Eisikovits
Publisher : Routledge
Page : 276 pages
File Size : 48,7 Mb
Release : 2016-02-17
Category : Law
ISBN : 9781317010876

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Theorizing Transitional Justice by Claudio Corradetti,Nir Eisikovits Pdf

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.

Reconciliation, Transitional and Indigenous Justice

Author : Krushil Watene,Eric Palmer
Publisher : Routledge
Page : 245 pages
File Size : 44,7 Mb
Release : 2020-05-21
Category : Political Science
ISBN : 9781000061277

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Reconciliation, Transitional and Indigenous Justice by Krushil Watene,Eric Palmer Pdf

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.