Constitutionalizing Transitional Justice
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Constitutionalizing Transitional Justice
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Author : Cheng-Yi Huang
language : en
Publisher: Taylor & Francis
Release Date : 2022-11-11
Constitutionalizing Transitional Justice written by Cheng-Yi Huang and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-11 with Law categories.
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.
Routledge Handbook Of Contemporary Taiwan
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Author : Gunter Schubert
language : en
Publisher: Taylor & Francis
Release Date : 2024-12-31
Routledge Handbook Of Contemporary Taiwan written by Gunter Schubert and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-31 with Political Science categories.
This fully revised 2nd edition of the Routledge Handbook of Contemporary Taiwan provides a comprehensive overview of both contemporary Taiwan and the Taiwan studies field. Written by an international team of Taiwan experts, the Handbook includes major topics in Taiwanese history, domestic politics, political economy, society, culture, and international relations. Each chapter summarises the major findings in the field and highlights long-term trends, recent observations, and potential future developments in Taiwan, revealing its long journey from a frontier island to a highly industrialised country struggling for international recognition. Up-to-date, interdisciplinary, and academically rigorous, the Handbook offers the reader an accessible and fascinating insight into contemporary Taiwan and will be of interest to students, academics, and policymakers with an interest in all things Taiwan.
Comparative Constitutional History
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Author : Francesco Biagi
language : en
Publisher: BRILL
Release Date : 2022-12-05
Comparative Constitutional History written by Francesco Biagi and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-05 with Political Science categories.
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 determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution’s provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases. Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes.
Taiwan And International Human Rights
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Author : Jerome A. Cohen
language : en
Publisher: Springer
Release Date : 2019-05-16
Taiwan And International Human Rights written by Jerome A. Cohen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-16 with Law categories.
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.
Reconciliation Transitional And Indigenous Justice
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Author : Krushil Watene
language : en
Publisher: Routledge
Release Date : 2020-05-21
Reconciliation Transitional And Indigenous Justice written by Krushil Watene and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-21 with Political Science categories.
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.
Transitional Justice Judicial Accountability And The Rule Of Law
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Author : Hakeem O. Yusuf
language : en
Publisher: Routledge
Release Date : 2010-04-29
Transitional Justice Judicial Accountability And The Rule Of Law written by Hakeem O. Yusuf and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-04-29 with Law categories.
Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.
Constitutionalization Of Politics In Comparative Perspective
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Author : Paweł Laidler
language : en
Publisher: Taylor & Francis
Release Date : 2024-11-25
Constitutionalization Of Politics In Comparative Perspective written by Paweł Laidler and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-25 with Political Science categories.
Scholars from political science and law examine the latest research on the constitutionalization of politics in comparative perspective. The scope includes both inter- country and intra- country perspectives, institutional and systemic analyses, common and civil law systems, focusing on historical and contemporary case studies. There are chapters limited to a concrete legal and political system, analyzing the tools and processes guarding constitutionalization of politics in such countries as the United States, Germany, France, Italy, Poland, Finland, and Bulgaria, as well as studies offering comparative analysis of various institutions representing different countries and different legal and political systems. Taken together, this book uncovers a wide variety of legal and political cultures, systems of governments, and forms of territorial organization. Once uncovered, this approach makes it easier to determine repetitive patterns which may be observed in constitutional review and constitutional interpretation, or significant differences occurring in the models of constitutionalization of politics around the world. Constitutionalization of Politics in Comparative Perspective tackles important debates among academics interested in the theoretical and practical aspects of constitutions and constitutionalism and will appeal to social scientists, including sociologists, philosophers, security studies and international relations experts but also cultural studies scholars.
Transitional Justice
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Author : Ruti G. Teitel
language : en
Publisher: Oxford University Press
Release Date : 2002-03-28
Transitional Justice written by Ruti G. Teitel and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-03-28 with Law categories.
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.
Constitutionalism And Transitional Justice In South Africa
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Author : Andrea Lollini
language : en
Publisher: Berghahn Books
Release Date : 2011
Constitutionalism And Transitional Justice In South Africa written by Andrea Lollini and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with History categories.
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.
Theorizing Transitional Justice
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Author : Claudio Corradetti
language : en
Publisher: Routledge
Release Date : 2016-02-17
Theorizing Transitional Justice written by Claudio Corradetti and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-17 with Law categories.
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.