Transitional Justice In Comparative Perspective

Author : Samar El-Masri,Tammy Lambert,Joanna R. Quinn
Publisher : Springer Nature
Page : 244 pages
File Size : 46,9 Mb
Release : 2020-01-17
Category : Political Science
ISBN : 9783030349172

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Transitional Justice in Comparative Perspective by Samar El-Masri,Tammy Lambert,Joanna R. Quinn Pdf

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.

Author : Ruti G. Teitel
Publisher : Oxford University Press
Page : 404 pages
File Size : 43,7 Mb
Release : 2002-03-28
Category : Political Science
ISBN : 9780199882243

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Transitional Justice by Ruti G. Teitel Pdf

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.

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.

Author : Elin Skaar,Jemima Garcia-Godos,Cath Collins
Publisher : Routledge
Page : 318 pages
File Size : 48,6 Mb
Release : 2016-10-27
Category : Law
ISBN : 9781317526209

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Transitional Justice in Latin America by Elin Skaar,Jemima Garcia-Godos,Cath Collins Pdf

This book addresses current developments in transitional justice in Latin America – effectively the first region to undergo concentrated transitional justice experiences in modern times. Using a comparative approach, it examines trajectories in truth, justice, reparations, and amnesties in countries emerging from periods of massive violations of human rights and humanitarian law. The book examines the cases of Argentina, Brazil, Chile, Colombia, Guatemala, El Salvador, Paraguay, Peru and Uruguay, developing and applying a common analytical framework to provide a systematic, qualitative and comparative analysis of their transitional justice experiences. More specifically, the book investigates to what extent there has been a shift from impunity towards accountability for past human rights violations in Latin America. Using ‘thick’, but structured, narratives – which allow patterns to emerge, rather than being imposed – the book assesses how the quality, timing and sequencing of transitional justice mechanisms, along with the context in which they appear, have mattered for the nature and impact of transitional justice processes in the region. Offering a new approach to assessing transitional justice, and challenging many assumptions in the established literature, this book will be of enormous benefit to scholars and others working in this area.

Author : Nicola Frances Palmer,Philip Clark,Danielle Granville
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 2012
Category : Human rights
ISBN : 178068035X

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Critical Perspectives in Transitional Justice by Nicola Frances Palmer,Philip Clark,Danielle Granville Pdf

In the last twenty years, the field of transitional justice has gone from being a peripheral concern to an ubiquitous feature of societies recovering from mass conflict or repressive rule. In both policy and scholarly realms, transitional justice has proliferated rapidly, with ever-increasing variety in terms of practical rapidly, with ever-increasing variety in terms of practical processes and analytical approaches. The sprawl of transitional justice, however, has not always produced concepts and practices that are theoretically sound and grounded in the empirical realities of the societies in question.

Author : Cristiano Paixão,Massimo Meccarelli
Publisher : Springer Nature
Page : 323 pages
File Size : 44,9 Mb
Release : 2021-10-01
Category : Law
ISBN : 9783030675028

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Comparing Transitions to Democracy. Law and Justice in South America and Europe by Cristiano Paixão,Massimo Meccarelli Pdf

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.

Author : Emma Murphy
Publisher : Unknown
Page : 0 pages
File Size : 50,9 Mb
Release : 2023
Category : Electronic
ISBN : OCLC:1420809280

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Agonistic Transitional Justice by Emma Murphy Pdf

Author : Morten Bergsmo,César Rodriguez-Garavito,Pablo Kalmanovitz,Maria Paula Saffon
Publisher : Torkel Opsahl Academic EPublisher
Page : 442 pages
File Size : 48,5 Mb
Release : 2010-08-01
Category : Law
ISBN : 9788293081128

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Distributive Justice in Transitions by Morten Bergsmo,César Rodriguez-Garavito,Pablo Kalmanovitz,Maria Paula Saffon Pdf

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.

Author : Mortimer Sellers,Tadeusz Tomaszewski
Publisher : Springer Science & Business Media
Page : 257 pages
File Size : 50,6 Mb
Release : 2010-07-23
Category : Law
ISBN : 9789048137497

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The Rule of Law in Comparative Perspective by Mortimer Sellers,Tadeusz Tomaszewski Pdf

This volume compares the different conceptions of the rule of law that have developed in different legal cultures. It describes the social purposes and practical applications of the rule of law and how it might be improved in the varied circumstances.

Author : Padraig McAuliffe
Publisher : Routledge
Page : 274 pages
File Size : 49,5 Mb
Release : 2013-06-26
Category : Law
ISBN : 9781135037758

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Transitional Justice and Rule of Law Reconstruction by Padraig McAuliffe Pdf

This short and accessible book is the first to focus exclusively on the inter-relation between transitional justice and rule of law reconstruction in post-conflict and post-authoritarian states. In so doing it provides a provocative reassessment of the various tangled relationships between the two fields, exploring the blind-spots, contradictions and opportunities for mutually-beneficial synergies in practice and scholarship between them. Though it is commonly assumed that transitional justice for past human rights abuses is inherently conducive to restoring the rule of law, differences in how both fields conceptualise the rule of law, the scope of transition and obligations to citizens have resulted in divergent approaches to transitional criminal trial, international criminal law, restorative justice and traditional justice mechanisms. Adopting a critical comparative approach that assesses the experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa undergoing transitional justice and justice sector reform simultaneously, it argues that the potential benefits of transitional justice are exaggerated and urges policy-makers to rebalance the compromises inherent in transitional justice mechanisms against the foundational demands of rule of law reconstruction. This book will be of interest to scholars in the fields of transitional justice, rule of law, legal pluralism and peace-building concerned by the failure of transitional justice to leave a positive legacy to the justice system of the states where it operates. ‘This is a bold and nuanced scrutiny of the international system’s approach to transitional justice and the much vaunted rule of law project. Dr McAulifee should be congratulated for this well-researched book which should be a must read for not only scholars and researchers in transitional justice and peace and conflict studies, but also policy-makers in the international system.’ Dr. Hakeem O. Yusuf, Senior Lecturer, University of Strathclyde and author of Transitional Justice, Judicial Accountability and the Rule of Law.

Author : James Hughes,Denisa Kostovicova
Publisher : Routledge
Page : 137 pages
File Size : 49,6 Mb
Release : 2020-04-24
Category : Political Science
ISBN : 9780429778704

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Rethinking Reconciliation and Transitional Justice After Conflict by James Hughes,Denisa Kostovicova Pdf

The concepts of reconciliation and transitional justice are inextricably linked in a new body of normative meta-theory underpinned by claims related to their effects in managing the transformation of deeply divided societies to a more stable and more democratic basis. This edited volume is dedicated to a critical re-examination of the key premises on which the debates in this field pivot. The contributions problematise core concepts, such as victimhood, accountability, justice and reconciliation itself; and provide a comparative perspective on the ethnic, ideological, racial and structural divisions to understand their rootedness in local contexts and to evaluate how they shape and constrain moving beyond conflict. With its systematic empirical analysis of a geographic and historic range of conflicts involving ethnic and racial groups, the volume furthers our grasp of contradictions often involved in transitional justice scholarship and practice and how they may undermine the very goals of peace, stability and reconciliation that they seek to promote. This book was originally published as a special issue of Ethnic and Racial Studies.

Author : Ignacio N Cofone
Publisher : Routledge
Page : 112 pages
File Size : 53,9 Mb
Release : 2020-02-07
Category : Law
ISBN : 9781000049367

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The Right to be Forgotten by Ignacio N Cofone Pdf

Exploring the evolution of the right to be forgotten, its challenges, and its impact on privacy, reputation, and online expression, this book lays out the current state of the law on the right to be forgotten in Canada and in the international context while addressing the broader theoretical tensions at its core. The essays contemplate questions such as: How does the right to be forgotten fit into existing legal frameworks? How can Canadian courts and policy-makers reconcile rights to privacy and rights to access publicly available information? Should search engines be regulated purely as commercial actors? What is the right’s impact on free speech and freedom of the press? Together, these essays address the questions that legal actors and policy-makers must consider as they move forward in shaping this new right through legislation, regulations, and jurisprudence. They address both the difficulties in introducing the right and the long-term effects it could have on the protection of online (and offline) reputation and speech. As the question of implementing the right to be forgotten in Canada has been put forward by the Privacy Commissioner and considered by courts, Canada is in need of academic literature on the matter; a need that, with this book, we intend to fulfill. The questions put forward in this book will thus advance the legal debate in Canada and provide a rich case study for the international legal community.

Author : Hakeem Yusuf
Publisher : Unknown
Page : 204 pages
File Size : 55,5 Mb
Release : 2010
Category : Law
ISBN : 9780415575355

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Transitional Justice, Judicial Accountability and the Rule of Law by Hakeem Yusuf Pdf

"A GlassHouse book".--T.p.

Author : Elin Skaar,Eric Wiebelhaus-Brahm,Jemima García-Godos
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2022
Category : Electronic
ISBN : 1839702583

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Exploring Truth Commissions Recommendations in a Comparative Perspective by Elin Skaar,Eric Wiebelhaus-Brahm,Jemima García-Godos Pdf

Author : Jessica Almqvist,Carlos Esposito
Publisher : Routledge
Page : 359 pages
File Size : 41,7 Mb
Release : 2013-06-17
Category : Law
ISBN : 9781136579257

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The Role of Courts in Transitional Justice by Jessica Almqvist,Carlos Esposito Pdf

Bringing together a group of outstanding judges, scholars and experts with first-hand experience in the field of transitional justice in Latin America and Spain, this book offers an insider’s perspective on the enhanced role of courts in prosecuting serious human rights violations and grave crimes, such as genocide and war crimes, committed in the context of a prior repressive regime or current conflict. The book also draws attention to the ways in which regional and international courts have come to contribute to the initiation of national judicial processes. All the contributions evince that the duty to investigate and prosecute grave crimes can no longer simply be brushed to the side in societies undergoing transitions. The Role of Courts in Transitional Justice is essential reading for practitioners, policy-makers and scholars engaged in the transitional justice processes or interested in judicial and legal perspectives on the role of courts, obstacles faced, and how they may be overcome. It is unique in its ambition to offer a comprehensive and systematic account of the Latin American and Spanish experience and in bringing the insights of renowned judges and experts in the field to the forefront of the discussion.