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

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

Hardcover

Series: Routledge Socio-Legal Frontiers of Transitional Justice

General Law

ISBN10: 1138585750
ISBN13: 9781138585751
Publisher: Routledge
Published: Nov 11 2022
Pages: 258
Weight: 1.23
Height: 0.63 Width: 6.14 Depth: 9.21
Language: English

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.

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General Law