Download or read book Regime Consolidation and Transitional Justice written by Anja Mihr and published by Cambridge University Press. This book was released on 2018 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introducton: research questions and spiral effect -- Methodology -- The concept of regime change and consolidation -- Transitional justice measures -- The case studies: Germany, Spain and Turkey -- Germany -- Regime consolidation through transitional justice
Download or read book Regime Consolidation and Transitional Justice written by Anja Mihr and published by Cambridge University Press. This book was released on 2018-01-18 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Transitional Justice in Aparadigmatic Contexts written by Tine Destrooper and published by Taylor & Francis. This book was released on 2023-03-23 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Consolidated Democracies and the Past Transitional Justice in Spain and Canada written by Ian Dunbar and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: The majority of scholarly consideration on the principles of transitional justice has focused upon how emerging democracies should deal with former regimes immediately following violent conflict. However, consolidated democracies have also begun to turn to transitional justice mechanisms in order to address historical legacies of violence and repression. This article examines Spain and Canada, two countries dealing with seemingly disparate issues: the legacy of the Civil War and Franco's repressive regime, and the abuses of the Indian Residential Schools system, respectively. However, both nations have been forced to respond to similar questions regarding the merits of revisiting a painful past well after democratic consolidation. The article first discusses the proliferation of transitional justice principles into consolidated democracies, and considers the argument that such processes may destabilize and divide society, particularly by exacerbating federalist divisions. It conclu
Download or read book The Politics of Memory written by Carmen González Enríquez and published by Oxford University Press. This book was released on 2001 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: List of Tables and Figure
Download or read book Post Communist Transitional Justice written by Lavinia Stan and published by Cambridge University Press. This book was released on 2015-02-26 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Transitional Justice and Democratic Consolidation in Eastern Europe written by Matthew Brian Murphy and published by . This book was released on 2012 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: The primary question in this dissertation concerns the relationship between transitional justice policies and democratic consolidation. It is often assumed that transitional justice will have a positive impact on consolidation, but this is rarely examined or empirically tested. The goals of this dissertation are twofold, to contribute to the empirical investigation of transitional justice effects and to refine our understanding of how these effects happen. Accordingly, among the aspects of transitional justice policies investigated here are initial policy choice and intensity, as well as variation in the policies' procedural characteristics. Using evidence from criminal prosecution and political screening policies in post-communist Germany and Poland, this dissertation first argues that a wide range of transitional justice policies is compatible with democratic consolidation. Second, in developing a framework for how to study the effects of transitional justice policies it assesses the roles of intensity versus procedural variables (including the criteria for evaluation and institutional capacity). Their effects are disaggregated into three categories: membership, educational, and symbolic. Evidence from Germany and Poland shows that variations in these three categories of effects were more the result of procedural factors than of the intensity of transitional justice. More specifically, high intensity of criminal trials and screening is necessary but not sufficient to produce extensive punishments and/or dismissals. Variations in intensity establish the range of potential exclusions, but the actual magnitude and distribution of membership effects is determined by the criteria used for evaluating subjects and the capacity of implementing institutions. Moreover, criteria and institutional capacity consistent with democratic rule of law norms are likely to reduce the magnitude of exclusions. Intensity is not strongly related to educational effects, in particular the release of new information about the past regime, which are shaped instead by procedural factors. Intensity is one of several possible influences on symbolic effects of transitional justice policies, but only in combination with procedural variables, particularly criteria for evaluation and institutional capacity. In short, transitional justice policies have multifaceted and indirect effects that, within broad limits set by intensity, are likely to be determined by variations in the process of implementation.
Download or read book After Authoritarianism written by Monika Nalepa and published by Cambridge University Press. This book was released on 2022-09-22 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Transitional Justice written by Neil J. Kritz and published by US Institute of Peace Press. This book was released on 1995 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword - Nelson Mandela
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 Transitional Justice written by Norman Weiß and published by Universitätsverlag Potsdam. This book was released on 2022-01-28 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication deals with the topic of transitional justice. In six case studies, the authors link theoretical and practical implications in order to develop some innovative approaches. Their proposals might help to deal more effectively with the transition of societies, legal orders and political systems. Young academics from various backgrounds provide fresh insights and demonstrate the relevance of the topic. The chapters analyse transitions and conflicts in Sierra Leone, Argentina, Nicaragua, Nepal, and South Sudan as well as Germany’s colonial genocide in Namibia. Thus, the book provides the reader with new insights and contributes to the ongoing debate about transitional justice. Gegenstand dieser Publikation ist das Thema „Transitional Justice“. In sechs Fallstudien verknüpfen die Autoren theoretische und praktische Implikationen, um innovative Ansätze zu entwickeln. Ihre Vorschläge wollen dazu beitragen, den Übergangsprozess von Gesellschaften, Rechtsordnungen und politischen Systemen effektiver zu gestalten. Nachwuchswissenschaftler mit unterschiedlichem fachlichem Hintergrund geben hier neue Einblicke und zeigen die fortdauernde Relevanz des Themas. Die Kapitel analysieren Übergänge und Konflikte in Sierra Leone, Argentinien, Nicaragua, Nepal und Süd-Sudan sowie den kolonialen Völkermord in Namibia. So liefert das Buch dem Leser neue Erkenntnisse und trägt zur laufenden Debatte über das Thema „Transitional Justice“ bei.
Download or read book Lustration and Consolidation of Democracy and the Rule of Law in Central and Eastern Europe written by Vladimíra Dvořáková and published by CPI/PSRC. This book was released on 2007 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transitional Justice written by Ruti G. Teitel and published by Oxford University Press. This book was released on 2002-03-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Building Trust and Democracy written by Cynthia M. Horne and published by Oxford University Press. This book was released on 2017-04-28 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the effects of transitional justice measures on trust-building and democratization across twelve countries in Central and Eastern Europe and parts of the Former Soviet Union over the period 19892012. The author argues that transitional justice measures have a differentiated impact on political and social trust-building, supporting some aspects of political trust and undermining other aspects of social trust. Moreover, the structure, scope, timing, and implementation of transitional justice measures condition outcomes. More expansive and compulsory institutional change mechanisms register the largest effects, with limited and voluntary change mechanisms having a diminished effect, and more informal and largely symbolic measures having the most attenuated effect. These differentiated and conditional effects are also evident with respect to transition goals like supporting democratic consolidation and reducing corruption, since these goals respond differently to the mixtures of institutional and symbolic reforms found in transitional justice programs. The author develops an original transitional justice typology in order to test hypotheses linking trust-building and transitional justice across twelve cases in the post-communist region. The resulting new datasets allow for a quantitative examination of the relationship between different types of transitional justice programs and a range of possible state building and societal reconciliation goals, including political trust-building, social trust-building, democratization, the strengthening of civil society, the promotion of government effectiveness, and the reduction of corruption. Comparative case studies of four transitional justice programs-Hungary, Romania, Poland, and Bulgariadraw on field work, primary and historical documents, and interview materials to explicate trust-building dynamics, with particular attention to regime complicity challenges, historical memory issues, and communist legacies. Oxford Studies in Democratization is a series for scholars and students of comparative politics and related disciplines. Volumes concentrate on the comparative study of the democratization process that accompanied the decline and termination of the cold war. The geographical focus of the series is primarily Latin America, the Caribbean, Southern and Eastern Europe, and relevant experiences in Africa and Asia. The series editor is Laurence Whitehead, Senior Research Fellow, Nuffield College, University of Oxford.
Download or read book Closing the Books written by Jon Elster and published by Cambridge University Press. This book was released on 2004-09-06 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book An Introduction to Transitional Justice written by Olivera Simić and published by Routledge. This book was released on 2016-11-25 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: An Introduction to Transitional Justice provides the first comprehensive overview of transitional justice judicial and non-judicial measures implemented by societies to redress legacies of massive human rights abuse. Written by some of the leading experts in the field it takes a broad, interdisciplinary approach to the subject, addressing the dominant transitional justice mechanisms as well as key themes and challenges faced by scholars and practitioners. Using a wide historic and geographic range of case studies to illustrate key concepts and debates, and featuring discussion questions and suggestions for further reading, this is an essential introduction to the subject for students.
Download or read book Theorizing Transitional Justice written by Mr Jack Rotondi and published by Ashgate Publishing, Ltd.. This book was released on 2015-02-28 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 specific transitional instruments of war crime tribunals, truth commissions, administrative purges, reparations, and historical commissions are considered. The book brings together some of the most original writings from established experts as well as from promising young scholars in the field.
