Constitutionalism and Transitional Justice in South Africa

Constitutionalism and Transitional Justice in South Africa

Author: Andrea Lollini

Publisher: Berghahn Books

Published: 2011

Total Pages: 240

ISBN-13: 1845457641

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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.


The Era of Transitional Justice

The Era of Transitional Justice

Author: Paul Gready

Publisher: Routledge

Published: 2010-10-18

Total Pages: 607

ISBN-13: 1136902198

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The Era of Transitional Justice explores a broad set of issues raised by political transition and transitional justice through the prism of the South African TRC. South Africa constitutes a powerful case study of the enduring structural legacies of a troubled past, and of both the potential and limitations of transitional justice and human rights as agents of transformation in the contemporary era. South Africa‘s story has wider relevance because it helped to launch constitutional human rights and transitional justice as global discourses; as such, its own legacy is to some extent writ large in post-authoritarian and post-conflict contexts across the world. Based on a decade of research, and in an analysis that is both comparative and interdisciplinary, Paul Gready maintains that transitional justice needs to do more to address structural violence and in particular poverty, inequality and social and criminal violence as these have emerged as stubborn legacies from an oppressive or war-torn past in many parts of the world. Organised around four central themes new keyword conceptualisation (truth, justice, reconciliation); re-imagining human rights; engaging with the past and present; remaking the public sphere it is an argument that will be of considerable relevance to those interested in the law and politics of transitional societies.


Gender in Transitional Justice

Gender in Transitional Justice

Author: S. Buckley-Zistel

Publisher: Springer

Published: 2011-11-30

Total Pages: 299

ISBN-13: 0230348610

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Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.


Building the Constitution

Building the Constitution

Author: James Fowkes

Publisher: Cambridge University Press

Published: 2016-12-15

Total Pages: 415

ISBN-13: 1107124093

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A revisionary account of the South African Constitutional Court, its working method and the neglected political underpinnings of its success.


Gender in Human Rights and Transitional Justice

Gender in Human Rights and Transitional Justice

Author: John Idriss Lahai

Publisher: Springer

Published: 2017-07-12

Total Pages: 284

ISBN-13: 3319542028

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This volume counters one-sided dominant discursive representations of gender in human rights and transitional justice, and women’s place in the transformations of neoliberal human rights, and contributes a more balanced examination of how transitional justice and human rights institutions, and political institutions impact the lives and experiences of women. Using a multidisciplinary approach, the contributors to this volume theorize and historicize the place of women’s rights (and gender), situating it within contemporary country-specific political, legal, socio-cultural and global contexts. Chapters examine the progress and challenges facing women (and women’s groups) in transitioning countries: from Peru to Argentina, from Kenya to Sierra Leone, and from Bosnia to Sri Lanka, in a variety of contexts, attending especially to the relationships between local and global forces


Constitutions and Conflict Management in Africa

Constitutions and Conflict Management in Africa

Author: Alan J. Kuperman

Publisher: University of Pennsylvania Press

Published: 2015-07-16

Total Pages: 304

ISBN-13: 0812246586

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Presenting the first database of constitutional design in all African countries, and seven original case studies, Constitutions and Conflict Management in Africa explores the types of domestic political institutions that can buffer societies from destabilizing changes that otherwise increase the risk of violence.


We Want What's Ours

We Want What's Ours

Author: Bernadette Atuahene

Publisher:

Published: 2014

Total Pages: 207

ISBN-13: 0198714637

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Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want What's Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want What's Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity in years to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.


Narrating Political Reconciliation

Narrating Political Reconciliation

Author: Claire Moon

Publisher: Lexington Books

Published: 2009

Total Pages: 194

ISBN-13: 9780739140451

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Narrating Political Reconciliation advances a distinctive discourse analysis of South Africa's reconciliation process by enquiring into the politics of the following: writing national history, confessional, and testimonial styles of truth, and reconciliation as theology and therapy. Moon argues that the TRC was the catalyst for, and shaped the parameters of, what is now powerful 'reconciliation industry, ' and her insights provide a theoretical framework through which to think and problematise the politics of transitional justice in post-conflict and democratizing states more generally


Constitutionalism of the Global South

Constitutionalism of the Global South

Author: Daniel Bonilla Maldonado

Publisher: Cambridge University Press

Published: 2013-04-18

Total Pages: 421

ISBN-13: 1107067936

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The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.


Assessing the Impact of Transitional Justice

Assessing the Impact of Transitional Justice

Author: Hugo Van der Merwe

Publisher: US Institute of Peace Press

Published: 2009

Total Pages: 348

ISBN-13: 1601270364

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In Assessing the Impact of Transitional Justice, fourteen leading researchers study seventy countries that have suffered from autocratic rule, genocide, and protracted internal conflict.