Download or read book Constitutionalism and Transitional Justice in South Africa written by Andrea Lollini and published by Berghahn Books. This book was released on 2011 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Transitional Justice Distributive Justice and Transformative Constitutionalism written by David Bilchitz and published by Oxford University Press. This book was released on 2024-02-28 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Era of Transitional Justice written by Paul Gready and published by Routledge. This book was released on 2010-10-18 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.
Download or read book Constitutionalizing Transitional Justice written by Cheng-Yi Huang and published by Taylor & Francis. This book was released on 2022-11-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Law Nation building Transformation written by Catherine Jenkins and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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)
Download or read book Law Memory and the Legacy of Apartheid written by Wessel Le Roux and published by PULP. This book was released on 2007 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights Peace and Justice in Africa written by Christof H. Heyns and published by PULP. This book was released on 2006 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Colombian Constitutional Court in Comparative Perspective written by Alejandro Linares Cantillo and published by . This book was released on 2021-03 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Theorizing Transitional Justice written by Claudio Corradetti and published by Routledge. This book was released on 2016-02-17 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Limits of Transition The South African Truth and Reconciliation Commission 20 Years on written by Mia Swart and published by BRILL. This book was released on 2017-08-07 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Human Rights in Africa written by Eunice N. Sahle and published by Springer. This book was released on 2019-02-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection explores key human rights themes and situates them in the context of developments on the African continent. It examines critical debates in human rights bringing together conceptually and empirically rich contributions from leading thinkers in human rights and African studies. Drawing on scholarly insights from the fields of constitutional law, human rights, development, feminist studies, public health, and media studies, the volume contributes to scholarly debates on constitutionalism, the right to water, securitization of development, environmental and transitional justice, sexual rights, conflict and gender-based violence, the right to development, and China’s deepening role in Africa. Consequently, it makes an important scholarly intervention on timely issues pertaining to the African continent and beyond.
Download or read book International Law and Transitional Governance written by Emmanuel H. D. De Groof and published by Routledge. This book was released on 2020-04-28 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the role of international law in shaping and regulating transitional contexts, including the institutions, policies, and procedures that have been developed to steer constitutional regime changes in countries affected by catalytic events. The book offers a new perspective on the phenomenon of conflict-related transitions, whereby societies are re-constitutionalized through a set of interim governance arrangements subject to variable degrees of internationalization. Specifically, this volume interrogates the relevance, contribution, and perils of international law for this increasingly widespread phenomenon of inserting an auxiliary phase between two ages of constitutional government. It develops a nuanced understanding of the various international legal discourses surrounding conflict- and political crisis-related transitional governance by studying the contextual factors that influence the transitional arrangements themselves, with a specific focus on international aspects, including norms, actors, and related forms of expertise. In doing so, the book builds a bridge between comparative constitutional law and international legal scholarship in the practical and highly dynamic terrain of transitional governance. This book will be of much interest to practitioners and students of international law, diplomacy, mediation, security studies, and international relations.
Download or read book Constitutionalism and Democratic Transitions written by Veronica Federico and published by Firenze University Press. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions. The book - as the outcome of a research performed by the University of Florence and the United States Institute of Peace of Washington - explores the role of law in the process of democratic transition in South Africa. More specifically it emphasize how constitutional law may contribute to "civilize" apparently reconcilable conflicts, a part from laying down the foundations of the new legal order and institutions"--Publisher's description
Download or read book Corruption and Constitutionalism in Africa written by Charles M. Fombad and published by Oxford University Press. This book was released on 2020-03-12 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays to focuses on the critical issue of corruption that lies at the heart of the crisis of constitutionalism in Africa. Most anti-corruption measures over the years have been inadequate, serving merely as symbolic gestures to give the impression something is being done. The African Union's declaration of 2018 as the 'African anti-corruption year', belated though it be, is an open recognition by African governments of the impact corruption will have on the continent unless urgent steps are taken. The key objective of this volume is to draw attention to the problem of corruption, the complexity of the situation, with all its multi-faceted social, political, economic and legal dimensions, and the need for remedial action.
Download or read book Dictatorship Democracy and Transitional Justice in Global Legal History written by Ignacio Czeguhn and published by Duncker & Humblot. This book was released on 2023-12-19 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Justice in Transition Prosecution and Amnesty in Germany and South Africa written by Gerhard Werle and published by BWV Verlag. This book was released on 2006-01-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The project on 'Criminal Justice and the East German Past' held an international symposium ... from 6 to 9 April 2005 at the Humboldt University in Berlin"--Page v.
Download or read book Reconciliation Transitional and Indigenous Justice written by Krushil Watene and published by Routledge. This book was released on 2020-05-21 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
