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Transitional Justice and the Rule of Law in New Democracies - 
      A. James McAdams

Transitional Justice and the Rule of Law in New Democracies

A. James McAdams (Redaktør)

«“This exceptional collection of eight case studies succeeds by presenting an analysis based on primary source materials. . . . Political scientists, legal scholars, historians, comparativists, and human rights experts will profit from studying the successes and failures of eight fragile democracies that have tested varied responses to crimes against humanity. . . . Highly recommended.”»

This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. Les mer
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Paperback
Legg i
Vår pris: 419,-

(Paperback) Fri frakt!
Leveringstid: Sendes innen 21 dager

This is the first focused study on the relationship between the use of national courts to pursue retrospective justice and the construction of viable democracies. Included in this interdisciplinary volume are fascinating, detailed essays on the experiences of eight countries: Argentina, Bolivia, Chile, Germany, Greece, Hungary, Poland, and South Africa. According to the contributors, the most important lesson for leaders of new democracies, who are wrestling with the human rights abuses of past dictatorships, is that they have many options.


Democratizing regimes are well-advised to be attentive to the significant political, ethical, and legal constraints that may limit their ability to achieve retribution for past wrongs. On prudential ground alone, some fledgling regimes will have no choice but to restrain their desire for punishment in the interest of political survival. However, it would be incorrect to think that all new democracies are therefore bereft of the political and legal resources needed to bring the perpetrators of egregious human rights violations to justice. In many instances, governments have overcome the obstacles before them and, by appealing to both national and international legal standards, have brought their former dictators to trial. When these judicial proceedings have been properly conducted and insulated from partisan political pressures, they have provided tangible evidence of the guiding principles-equality, fairness, and the rule of law-that are essential to the post-authoritarian order.


This collection shows that the quest for transitional justice has amounted to something more than merely a break with the past-it constitutes a formative act which directly affects the quality and credibility of democratic institutions.
FAKTA
Utgitt:
Forlag: University of Notre Dame Press
Innbinding: Paperback
Språk: Engelsk
Sider: 332
ISBN: 9780268042035
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Prefaceix
Contributorsxix




In Defense of Transitional Justice

1(26)




Juan E. Mendez





Politics and the Judiciary in the Greek Transition to Democracy

27(34)




Nicos C. Alivizatos





P. Nikiforos Diamandouros





Democracy Dignified and an End to Impunity: Bolivia's Military Dictatorship on Trial

61(32)




Rene Antonio Mayorga





Guarding the Guardians in Argentina: Some Lessons about the Risks and Benefits of Empowering the Courts

93(30)




Carlos H. Acuna





Catalina Smulovitz





``No Victorious Army Has Ever Been Prosecuted...'': The Unsettled Story of Transitional Justice in Chile

123(32)




Jorge Correa Sutil





Living Well Is the Best Revenge: The Hungarian Approach to Judging the Past

155(30)




Gabor Halmai





Kim Lane Scheppele





Transitional Justice and the Political Struggles of Post-Communist Poland

185(54)




Andrzej S. Walicki





Communism on Trial: The East German Past and the German Future

239(30)




A. James McAdams





Retrospective Justice: International Law and the South African Model

269(22)




John Dugard

Index291
A. James McAdams is the William M. Scholl Professor of International Affairs and director of the Nanovic Institute for European Studies at the University of Notre Dame. He is the editor of The Crisis of Modern Times: Perspectives from The Review of Politics, 1939-1962, published by the University of Notre Dame Press.