Constitutionalizing Transitional Justice: How Constitutions and Constitutional Courts Deal with Past Atrocity

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.

Table of Contents:
List of tables List of contributors Acknowledgements Contexts of Constitutionalizing Transitional Justice: An introduction Part 1 Constitutional Origins of Transitional Justice Chapter 1: The Dilemmas of Transitional Justice and the South African Experience Chapter 2: Facing the Shadows of the Past during Transitions: The Role of the Constitutions in the Case of Hungary Chapter 3: Constitutional Divergence and Transitional Justice in South Korea and Taiwan Part 2 Constitutional Process of Transitional Justice Chapter 4: Constitutional Justice and Negotiated Peace in Colombia Chapter 5: Constitutions, Courts, and the Quest for Transitional Justice: The Case of Chile Chapter 6: Coordinated Transition in East Central Europe and the Role of Constitutional Courts in Transitional Justice: Experiences from Hungary and Moldova Chapter 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 Chapter 8: Transitional Justice in a 19th-Century Constitution: Cautionary Observations from the United States Chapter 9: ‘Cadres’ in Post-communist Transition: Shifting the Loyalty Standards in Public Service after Regime Change Chapter 10: Between Blaming and Naming: Constitutional Review of Bans on Communist Parties in Post-Soviet States Index