Constitutionalizing Transitional Justice

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.

Autorentext

Cheng-Yi Huang is Research Professor at the Institutum Iurisprudentiae, Academia Sinica, and Professor at the Institute of Law for Science and Technology, National Tsing Hua University, Taiwan.

Inhalt

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