Constitutionalism and Transitional Justice in South Africa

Constitutionalism and Transitional Justice in South Africa PDF Author: Andrea Lollini
Publisher: Berghahn Books
ISBN: 1845457641
Category : History
Languages : en
Pages : 240

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Book Description
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.

Constitutionalism and Transitional Justice in South Africa

Constitutionalism and Transitional Justice in South Africa PDF Author: Andrea Lollini
Publisher: Berghahn Books
ISBN: 1845457641
Category : History
Languages : en
Pages : 240

Get Book

Book Description
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

Transitional Justice, Distributive Justice, and Transformative Constitutionalism PDF Author: David Bilchitz
Publisher: Oxford University Press
ISBN: 0192887629
Category : Law
Languages : en
Pages : 513

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Book Description
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.

The Era of Transitional Justice

The Era of Transitional Justice PDF Author: Paul Gready
Publisher: Routledge
ISBN: 1136902198
Category : Law
Languages : en
Pages : 270

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

Constitutionalizing Transitional Justice

Constitutionalizing Transitional Justice PDF Author: Cheng-Yi Huang
Publisher: Taylor & Francis
ISBN: 042999883X
Category : Law
Languages : en
Pages : 263

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Book Description
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.

Law, Nation-building & Transformation

Law, Nation-building & Transformation PDF Author: Catherine Jenkins
Publisher:
ISBN: 9781780681849
Category : Constitutional history
Languages : en
Pages : 0

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Book Description
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

Law, Memory, and the Legacy of Apartheid PDF Author: Wessel Le Roux
Publisher: PULP
ISBN: 0980265835
Category : Amnesty
Languages : en
Pages : 219

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Book Description


Human Rights, Peace and Justice in Africa

Human Rights, Peace and Justice in Africa PDF Author: Christof H. Heyns
Publisher: PULP
ISBN: 0958509743
Category : Africa
Languages : en
Pages : 448

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Book Description


The Colombian Constitutional Court in Comparative Perspective

The Colombian Constitutional Court in Comparative Perspective PDF Author: Alejandro Linares Cantillo
Publisher:
ISBN: 019289675X
Category :
Languages : en
Pages : 497

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Book Description
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.

Theorizing Transitional Justice

Theorizing Transitional Justice PDF Author: Claudio Corradetti
Publisher: Routledge
ISBN: 1317010876
Category : Law
Languages : en
Pages : 276

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Book Description
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.

The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on

The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on PDF Author: Mia Swart
Publisher: BRILL
ISBN: 9004339566
Category : Law
Languages : en
Pages : 324

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Book Description
The Limits of Transition: The South African Truth and Reconciliation Commission 20 Years on is an interdisciplinary collection that celebrates and critiques the work of the TRC after 20 years. The authors consider whether the TRC has continued relevance for South Africa. The book further explores the legacy of the ‘unfinished business’ of the TRC.