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| Author | : Anja Mihr |
| Publisher | : Cambridge University Press |
| Total Pages | : 479 |
| Release | : 2018-01-18 |
| Genre | : Law |
| ISBN | : 110842306X |
Explores the effect of justice measures on 'regime consolidation' in a post-transition context.
| Author | : Lavinia Stan |
| Publisher | : Cambridge University Press |
| Total Pages | : 357 |
| Release | : 2015-02-26 |
| Genre | : Law |
| ISBN | : 1316272664 |
Taking stock of the twenty-fifth anniversary of the collapse of the communist regimes of Central and Eastern Europe, this volume explores how these societies have grappled with the serious human rights violations of past regimes. It focuses on the most important factors that have shaped the nature, speed, and sequence of transitional justice programs in the period spanning the revolutions that brought about the collapse of the communist dictatorships and the consolidation of new democratic regimes. Contributors explain why leaders made certain choices, discuss the challenges they faced, and explore the role of under-studied actors and grassroots strategies. Written by recognized experts with an unparalleled grasp of the region's communist and post-communist reality, this volume addresses far-reaching reckoning, redress, and retribution policy choices. It is an engaging, carefully crafted volume, which covers a wide variety of cases and discusses key transitional justice theories using both qualitative and quantitative research methods.
| Author | : Jon Elster |
| Publisher | : Cambridge University Press |
| Total Pages | : 316 |
| Release | : 2004-09-06 |
| Genre | : History |
| ISBN | : 9780521548540 |
An analysis of transitional justice - retribution and reparation after a change of political regime - from Athens in the fifth century BC to the present. Part I, 'The Universe of Transitional Justice', describes more than thirty transitions, some of them in considerable detail, others more succinctly. Part II, 'The Analytics of Transitional Justice', proposes a framework for explaining the variations among the cases - why after some transitions wrongdoers from the previous regime are punished severely and in other cases mildly or not at all, and victims sometimes compensated generously and sometimes poorly or not at all. After surveying a broad range of justifications and excuses for wrongdoings and criteria for selecting and indemnifying victims, the 2004 book concludes with a discussion of three general explanatory factors: economic and political constraints, the retributive emotions, and the play of party politics.
| Author | : Vladimíra Dvořáková |
| Publisher | : CPI/PSRC |
| Total Pages | : 233 |
| Release | : 2007 |
| Genre | : Criminal justice, Administration of |
| ISBN | : 9537022188 |
| Author | : Monika Nalepa |
| Publisher | : Cambridge University Press |
| Total Pages | : 355 |
| Release | : 2022-09-22 |
| Genre | : Political Science |
| ISBN | : 1009075349 |
Transitional justice – the act of reckoning with a former authoritarian regime after it has ceased to exist – has direct implications for democratic processes. Mechanisms of transitional justice have the power to influence who decides to go into politics, can shape politicians' behavior while in office, and can affect how politicians delegate policy decisions. However, these mechanisms are not all alike: some, known as transparency mechanisms, uncover authoritarian collaborators who did their work in secret while others, known as purges, fire open collaborators of the old regime. After Authoritarianism analyzes this distinction in order to uncover the contrasting effects these mechanisms have on sustaining and shaping the qualities of democratic processes. Using a highly disaggregated global transitional justice dataset, the book shows that mechanisms of transitional justice are far from being the epilogue of an outgoing authoritarian regime, and instead represent the crucial first chapter in a country's democratic story.
| Author | : Tine Destrooper |
| Publisher | : Taylor & Francis |
| Total Pages | : 185 |
| Release | : 2023-03-23 |
| Genre | : Law |
| ISBN | : 1000845605 |
This book explores the practical and theoretical opportunities as well as the challenges raised by the expansion of transitional justice into new and ‘aparadigmatic’ cases. The book defines transitional justice as the pursuit of accountability, recognition and/or disruption and applies an actor-centric analysis focusing on justice actors’ intentions of and responses to transitional justice. It offers a typology of different transitional justice contexts ranging from societies experiencing ongoing conflict to consolidated democracies, and includes chapters from all types of aparadigmatic contexts. This covers transitional justice in states with contested political authority, shared political authority, and consolidated political authority. The transitional justice initiatives explored by the wide range of contributors are those of Afghanistan, Belgium, France, Greenland/Denmark, Libya, Syria, Turkey/Kurdistan, UK/Iraq, US, and Yemen. Through these aparadigmatic case studies, the book develops a new framework that, appropriate to its expanding reach, allows us to understand the practice of transitional justice in a more context-sensitive, bottom-up, and actor-oriented way, which leaves room for the complexity and messiness of interventions on the ground. The book will appeal to scholars and practitioners in the broad field of transitional justice, as represented in law, criminology, politics, conflict studies and human rights. The Introduction, Chapter 8 and the Concluding Remarks of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
| Author | : Ruti G. Teitel |
| Publisher | : Oxford University Press |
| Total Pages | : 304 |
| Release | : 2000-06-29 |
| Genre | : Political Science |
| ISBN | : 9780199728015 |
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.
| Author | : Anja Mihr |
| Publisher | : Cambridge University Press |
| Total Pages | : 479 |
| Release | : 2018-01-18 |
| Genre | : Political Science |
| ISBN | : 1108502334 |
Regime Consolidation and Transitional Justice explores the effect of transitional justice measures on 'regime consolidation', or the means by which a new political system is established in a post-transition context. Focusing on the long-term impact of transitional justice mechanisms in three countries over several decades, the gradual process by which these political systems have been legitimatised is revealed. Through case studies of East and West Germany after World War II, Spain after the end of the Franco dictatorship in 1975 and Turkey's long journey to achieving democratic reform, Regime Consolidation and Transitional Justice shows how transitional justice and regime consolidation are intertwined. The interdisciplinary study, which will be of interest to scholars of criminal law, human rights law, political science, democracy, autocracies and transformation theories, demonstrates, importantly, that the political systems in question are not always 'more' democratic than their predecessors and do not always enhance democracy post-regime consolidation.
| Author | : Neil J. Kritz |
| Publisher | : US Institute of Peace Press |
| Total Pages | : 836 |
| Release | : 1995 |
| Genre | : Law |
| ISBN | : 9781878379443 |
KGB Files and Agents.
| Author | : Cheng-Yi Huang |
| Publisher | : Taylor & Francis |
| Total Pages | : 263 |
| Release | : 2022-11-11 |
| Genre | : Law |
| ISBN | : 042999883X |
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.
