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List of Tables
List of Contributors
Acknowledgments
Contexts of Constitutionalizing Transitional Justice: An Introduction
Part 1 Constitutional Origins of Transitional Justice
1 The Dilemmas of Transitional Justice and the South African Experience
2 Facing the Shadows of the Past during Transitions: The Role of the Constitutions in the Case of Hungary
3 Constitutional Divergence and Transitional Justice in South Korea and Taiwan
Part 2 Constitutional Process of Transitional Justice
4 Constitutional Justice and Negotiated Peace in Colombia
5 Constitutions, Courts, and the Quest for Transitional Justice: The Case of Chile
6 Coordinated Transition in East-Central Europe and the Role of Constitutional Courts in Transitional Justice: Experiences from Hungary and Moldova
7 The Determinants of the Polish Transformation at the Turn of the 21st Century: In View of the Judgments of the Constitutional Tribunal of Poland
Part 3 Constitutional Consequences of Transitional Justice
8 Transitional Justice in a 19th-Century Constitution: Cautionary Observations from the United States
9 “Cadres” in Post-communist Transition: Shifting the Loyalty Standards in Public Service after Regime Change
10 Between Blaming and Naming: Constitutional Review of Bans on Communist Parties in Post-Soviet States
Index

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Constitutionalizing transitional justice : how constitutions and constitutional courts deal with past atrocity 이용현황 표 - 등록번호, 청구기호, 권별정보, 자료실, 이용여부로 구성 되어있습니다.
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알라딘제공

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.



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.