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

This book explores the relationship between constitutions and transitional justice, analyzing the role of constitutions and constitutional courts in overcoming political injustice. It raises issues such as the role of a new constitution in transitional justice, the difficulties faced by courts in dealing with mass human rights infringements, and the potential benefits and challenges of constitutionalizing transitional justice. The book features international authors who address the interplay of the constitution/court and transitional justice in their native countries, providing a comparative perspective on the success or unfulfilled promises of transitional justice.

Format: Hardback
Length: 258 pages
Publication date: 11 November 2022
Publisher: Taylor & Francis Ltd

This comprehensive exploration delves into the intricate interplay between constitutions and transitional justice, drawing together scholars and practitioners from diverse countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice from the past. The book raises thought-provoking questions such as the significance of a new constitution in facilitating successful transitional justice practices following democratization, revolution, or civil war, as well as the challenges faced by the courts in addressing mass human rights violations with limited legal tools. Furthermore, it examines whether constitutionalizing transitional justice is a more effective strategy for emerging democracies in responding to historical political injustice. Additionally, the book addresses the complex issue of democratic backsliding and its consequences in the context of constitutionalizing transitional justice. A group of international authors, each with expertise in their native countries, provides valuable insights into the interplay between the constitution/court and transitional justice, while also offering a comparative perspective on the successes and unfulfilled promises of transitional justice. This book is a valuable resource for academics, researchers, policy-makers, and anyone interested in the fields of transitional justice, comparative constitutional law, human rights studies, international criminal law, genocide studies, law and politics, and legal history.

Weight: 660g
Dimension: 234 x 156 (mm)
ISBN-13: 9781138585751