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Constitutionalizing Transitional Justice: How Constitutions and Constitutional Courts Deal with Past Atrocity

Edited by: Cheng-Yi Huang

ISBN13: 9781138585751
To be Published: November 2022
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



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.

Subjects:
Constitutional and Administrative Law, Criminal Law
Contents:
Contexts of Constitutionalizing Transitional Justice: An introduction
Cheng-Yi Huang
Part 1. Constitutional Origins of Transitional Justice
Chapter 1: The Dilemmas of Transitional Justice and the South African Experience
Richard J. Goldstone
Chapter 2: Facing the Shadows of the Past during Transitions: The Role of the Constitutions in the Case of Hungary
Kriszta Kovács
Chapter 3: Constitutional Divergence and Transitional Justice in South Korea and Taiwan
Cheng-Yi Huang & Yi-Li Lee
Part 2. Constitutional Process of Transitional Justice
Chapter 4: Constitutional Justice and Negotiated Peace in Colombia
Nelson Camilo Sánchez León
Chapter 5: Constitutions, Courts, and the Quest for Transitional Justice: The Case of Chile
Javier Couso
Chapter 6: Coordinated Transition in East Central Europe and the Role of Constitutional Courts in Transitional Justice: Experiences from Hungary and Moldova
Gábor Attila Tóth
Chapter 7: 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
Part 3. Constitutional Consequences of Transitional Justice
Chapter 8: Transitional Justice in a 19th-Century Constitution: Cautionary Observations from the United States
Vicki C. Jackson and Harry Larson
Chapter 9: ‘Cadres’ in Post-communist Transition: Shifting the Loyalty Standards in Public Service after Regime Change
Anna Śledzińska-Simon
Chapter 10: Between Blaming and Naming: Constitutional Review of Bans on Communist Parties in Post-Soviet States
Alexei Trochev