Dictatorship, Democracy, and Transitional Justice in Global Legal History PDF Download
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Author: Ignacio Czeguhn
Publisher: Duncker & Humblot
ISBN: 3428585798
Category : Law
Languages : en
Pages : 214
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Book Description
The anthology presents the lectures given on the symposium »From Dictatorship to democracy« at the House of the Wannsee Conference on 13–14 September 2021. The aim of the organizers was to show what problems existed during the transition from dictatorship to democracy in several countries around the world. They all enacted laws or other measures to ensure that fundamental rights and the rule of law would resist anti-democratic ideologies, anti-Semitism, racism, and war crimes in the future. However, the legal system and law in these countries themselves often had their origins in dictatorship. Thus, there were and are obvious and hidden anti-democratic continuities that influence law and the legal system up to the present. Scientifics and jurists from Italy, Japan, Poland, Spain, South Africa, and Germany examine these continuities in their contributions.
Author: Ignacio Czeguhn
Publisher: Duncker & Humblot
ISBN: 3428585798
Category : Law
Languages : en
Pages : 214
Get Book Here
Book Description
The anthology presents the lectures given on the symposium »From Dictatorship to democracy« at the House of the Wannsee Conference on 13–14 September 2021. The aim of the organizers was to show what problems existed during the transition from dictatorship to democracy in several countries around the world. They all enacted laws or other measures to ensure that fundamental rights and the rule of law would resist anti-democratic ideologies, anti-Semitism, racism, and war crimes in the future. However, the legal system and law in these countries themselves often had their origins in dictatorship. Thus, there were and are obvious and hidden anti-democratic continuities that influence law and the legal system up to the present. Scientifics and jurists from Italy, Japan, Poland, Spain, South Africa, and Germany examine these continuities in their contributions.
Author:
Publisher:
ISBN:
Category : Caribbean Area
Languages : en
Pages : 796
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Book Description
Author: Åke Magnusson
Publisher:
ISBN:
Category : Industrial relations
Languages : en
Pages : 292
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Book Description
Author: Alvaro Soto Carmona
Publisher:
ISBN:
Category : Democratization
Languages : es
Pages : 634
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Book Description
Author: Joanna Marszałek-Kawa
Publisher: Cambridge Scholars Publishing
ISBN: 1443870005
Category : Political Science
Languages : en
Pages : 299
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Book Description
History is a powerful tool in the hands of politicians, and can be a destructive weapon since power over the past is the power to decide who is a hero and who is a traitor. Tradition, the memory of ancestors, and the experience of previous generations are the keys that unlock the door to citizens’ minds, and allow certain ideas, visions and political programs to flourish. However, can history be a proper political weapon during democratisation processes when the past is clearly separated from the present? Are the new order and society founded on the basis of some interpretation of the past, or, rather, are they founded only with reference to the imagined future of the nation? This book explores such questions through a detailed description of the use of remembrance policies during political transformations. It discusses how interpretations of the past served the accomplishment of transitional objectives in countries as varied as Chile, Estonia, Georgia, Poland, South Africa and Spain. The book is a unique journey through different parts of the world, different cultures and different political systems, investigating how history was remembered and forgotten by certain democratic leaders. Individual chapters discuss how governments’ remembrance policies were used to create a new citizen, to change a political culture, and to justify the vision of the society promoted by the new elites. They explain why some difficult topics were avoided by politicians, and why sometimes there was no transitional justice or punishment of the leaders of the authoritarian state. The book will be of interest to anyone wishing to explore policies of remembrance, democratisation, and the role of memory in contemporary societies.
Author:
Publisher:
ISBN:
Category : Anthropology
Languages : en
Pages : 724
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Book Description
Author: Roldan Jimeno
Publisher: Routledge
ISBN: 1351608614
Category : Law
Languages : en
Pages : 310
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Book Description
In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances, such as transitions from dictatorships to democracies, as has occurred in Greece, Portugal and Spain. Focusing on Spain, this book analyses the country's transition, from the antecedents from 1936 up to the present, within a comparative European context. The amnesties granted in Greece, Portugal and Spain saw the release of political prisoners, but in Spain amnesty was also granted to those responsible for the grave violations of human rights which had been committed for 40 years. The first two decades of the democracy saw copious normative measures that sought to equate the rights of all those who had benefitted from the amnesty and who had suffered or had been damaged by the civil war. But, beyond the material benefits that accompanied it, this amnesty led to a sort of wilful amnesia which forbade questioning the legacy of Francoism. In this respect, Spain offers a useful lesson insofar as support for a blanket amnesty – rather than the use of other solutions within a transitional justice framework, such as purges, mechanisms to bring the dictatorship to trial for crimes against humanity, or truth commissions – can be traced to a relative weakness of democracy, and a society characterised by the fear of a return to political violence. This lesson, moreover, is framed here against the background of the evolution of amnesties throughout the twentieth century, and in the context of international law. Crucially, then, this analysis of what is now a global reference point for comparative studies of amnesties, provides new insights into the complex relationship between democracy and the varying mechanisms of transitional justice.
Author: Leo P. Chall
Publisher:
ISBN:
Category : Online databases
Languages : en
Pages : 990
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Book Description
Author:
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 932
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Book Description
Author: Jessica Almqvist
Publisher: Routledge
ISBN: 1136579257
Category : Law
Languages : en
Pages : 359
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Book Description
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.
