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Constitutionalism and Transitional Justice in South Africa

Constitutionalism and Transitional Justice in South Africa PDF Author: Andrea Lollini
Publisher: Berghahn Books
ISBN: 1845457641
Category : History
Languages : en
Pages : 240

Book Description
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.

Constitutionalism and Transitional Justice in South Africa

Constitutionalism and Transitional Justice in South Africa PDF Author: Andrea Lollini
Publisher: Berghahn Books
ISBN: 1845457641
Category : History
Languages : en
Pages : 240

Book Description
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.

Framing the State in Times of Transition

Framing the State in Times of Transition PDF Author: Laurel E. Miller
Publisher: US Institute of Peace Press
ISBN: 1601270550
Category : History
Languages : en
Pages : 737

Book Description
Analyzing nineteen cases, this title offers practical perspective on the implications of constitution-making procedure, and explores emerging international legal norms.

Constitutionalism and Democratic Transitions

Constitutionalism and Democratic Transitions PDF Author: Veronica Federico
Publisher: Firenze University Press
ISBN: 8884534011
Category : Law
Languages : en
Pages : 222

Book Description
"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

Three Generations of European Constitutional Courts in Transition to Democracy

Three Generations of European Constitutional Courts in Transition to Democracy PDF Author: Francesco Biagi
Publisher: Cambridge University Press
ISBN: 1108489397
Category : Law
Languages : en
Pages : 261

Book Description
A comparative perspective of role played by three generations of European Constitutional Courts in the process of transition to democracy.

Revolution, Transition, Memory, and Oblivion

Revolution, Transition, Memory, and Oblivion PDF Author: Martin Belov
Publisher: Edward Elgar Publishing
ISBN: 1800370539
Category : Law
Languages : en
Pages : 264

Book Description
This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.

Constitutionalism and Democratic Transitions

Constitutionalism and Democratic Transitions PDF Author: Carlo Fusaro
Publisher:
ISBN: 9788892739734
Category : Political Science
Languages : en
Pages : 1

Book Description
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 unreconcilable conflicts, a part from laying down the foundations of the new legal order and institutions.

Constitutionalism and Democracy

Constitutionalism and Democracy PDF Author: Douglas Greenberg
Publisher: Oxford University Press
ISBN: 0195361253
Category : Law
Languages : en
Pages : 416

Book Description
The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.

Asian Constitutionalism in Transition

Asian Constitutionalism in Transition PDF Author: Tania Groppi
Publisher: Giuffrè Editore
ISBN: 8814144303
Category : Law
Languages : en
Pages : 391

Book Description


Constructing Democracy in Transitioning Societies of Africa

Constructing Democracy in Transitioning Societies of Africa PDF Author: S. Wing
Publisher: Springer
ISBN: 0230612075
Category : Political Science
Languages : en
Pages : 252

Book Description
This book explores the process by which constitutions and democratic institutions are constructed. Wing focuses on how innovative constitutional dialogues involving participation, negotiation, and recognition of groups previously excluded from political decision-making may be the key to a legitimate constitution.

Territory and Power in Constitutional Transitions

Territory and Power in Constitutional Transitions PDF Author: George Anderson
Publisher: Oxford University Press
ISBN: 0192573616
Category : Law
Languages : en
Pages : 556

Book Description
This collection of essays surveys the full range of challenges that territorial conflicts pose for constitution-making processes and constitutional design. It provides seventeen in-depth case studies of countries going through periods of intense constitutional engagement in a variety of contexts: small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. Specific examples are drawn from Iraq, Kenya, Cyprus, Nigeria, South Africa, Sri Lanka, the UK (Scotland), Ukraine, Bolivia, India, Spain, Yemen, Nepal, Ethiopia, Indonesia (Aceh), the Philippines (Mindanao), and Bosnia-Herzegovina. While the volume draws significant normative conclusions, it is based on a realist view of the complexity of territorial and other political cleavages (the country's "political geometry"), and the power configurations that lead into periods of constitutional engagement. Thematic chapters on constitution-making processes and constitutional design draw original conclusions from the comparative analysis of the case studies and relate these to the existing literature, both in political science and comparative constitutional law. This volume is essential reading for scholars of federalism, consociational power-sharing arrangements, asymmetrical devolution, and devolution more generally. The combination of in-depth case studies and broad thematic analysis allows for analytical and normative conclusions that will be of major relevance to practitioners and advisors engaged in constitutional design.