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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.
Author: Cheng-Yi Huang
Publisher: Taylor & Francis
ISBN: 042999883X
Category : Law
Languages : en
Pages : 263
Get Book Here
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.
Author: Samuel Issacharoff
Publisher: Cambridge University Press
ISBN: 1107038707
Category : Law
Languages : en
Pages : 311
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Book Description
This book examines how constitutional courts can support weak democratic states in the wake of societal division and authoritarian regimes.
Author: Jerome A. Cohen
Publisher: Springer
ISBN: 9811303509
Category : Law
Languages : en
Pages : 692
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Book Description
This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.
Author: Francesco Biagi
Publisher: BRILL
ISBN: 9004523731
Category : Political Science
Languages : en
Pages : 392
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Book Description
Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in constitutional adjudication.
Author: Bhavani Fonseka
Publisher:
ISBN: 9789554746824
Category : Political crimes and offenses
Languages : en
Pages : 458
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Book Description
Contributed articles.
Author: John Torpey
Publisher: Rowman & Littlefield
ISBN: 9780742517998
Category : History
Languages : en
Pages : 332
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Book Description
Offering a nuanced, historically grounded, and critical perspective, this book presents a multidisciplinary exploration of the growing public controversy over reparations for historical injustices.
Author: Krushil Watene
Publisher: Routledge
ISBN: 1000061272
Category : Political Science
Languages : en
Pages : 260
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Book Description
Reconciliation, Transitional and Indigenous Justice presents fifteen reflections upon justice twenty years after the Truth and Reconciliation Commission of South Africa introduced a new paradigm for political reconciliation in settler and post-colonial societies. The volume considers processes of political reconciliation, appraising the results of South Africa's Commission, of the recently concluded Truth and Reconciliation Commission of Canada and of the on-going process of the Waitangi Tribunal of Aotearoa New Zealand. Contributors discuss the separate politics of Indigenous resurgence, linguistic justice, environmental justice and law. Further contributors present a theoretical symposium focused on The Conceptual Foundations of Transitional Justice, authored by Colleen Murphy, who provides a response to their comments. Indigenous and non-Indigenous voices from four regions of the world are represented in this critical assessment of the prospects for political reconciliation, for transitional justice and for alternative, nascent conceptions of just politics. Radically challenging assumptions concerning sovereignty and just process in the current context of settler-colonial states, Reconciliation, Transitional and Indigenous Justice will be of great interest to scholars of Ethics, Indigenous Studies, Transitional Justice and International Relations more broadly. With the addition of one chapter from The Round Table, the chapters in this book were originally published as a special issue in the Journal of Global Ethics.
Author: Wojciech Sadurski
Publisher:
ISBN: 0198840500
Category : Law
Languages : en
Pages : 305
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Book Description
Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?
Author: Christine Bell
Publisher: Oxford University Press
ISBN: 0199226830
Category : Law
Languages : en
Pages : 410
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Book Description
This book provides a comprehensive analysis of the use of peace agreements from a legal perspective. The book describes and evaluates the development of contemporary peace agreement practice, and the documents which emerge. It sets out what is in essence an anatomy of peace agreement practice, and locates this practice with reference to the role of law. The last fifteen years have seen a proliferation of peace agreements. These peace agreements have been produced as a result of complex peace processes involving multi-party negotiations between the main protagonists of conflict, often with the involvement of international actors. They document attempts to end conflict, and this book argues that they play an underestimated role in a political process that centrally revolves around law. Understanding peace agreements is important to understanding contemporary peace processes. Law plays two key roles with respect to peace agreements: first, to the extent that peace agreements themselves form legal documents, law plays a role in the 'enforcement' or implementation of the peace agreement; second, international law has a relationship to peace agreement negotiation and content, in an enabling or regulatory capacity. The aim of the book is to evaluate the role which law plays both in enforcing peace agreements and through a normative framework which constrains the ways in which they operate. This evaluation reveals a deeper link between the legal status of peace agreements and their normative regulation as mutually shaping, in what is argued to be a developing lex pacificatoria - or law of the peace makers. This lex pacificatoria stands as an account of the way in which international law shapes and is shaped by peace agreements, in ways which impact on contemporary debates about the force of international law.
Author: Ruti G. Teitel
Publisher: Oxford University Press
ISBN: 019988224X
Category : Law
Languages : en
Pages : 305
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Book Description
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.
