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Duncan Mccargo Transitional Justice And Its Discontents Pdf

duncan mccargo transitional justice and its discontents pdf

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Connors, Michael K. Davidson, Christopher M. London: Hurst. Dent, Christopher M. Abingdon: Routledge.

Duncan McCargo

Abstract: The chapter discusses the theoretical challenges that legal regulation of transitional justice in transitional constitutions raises when it attempts to reconcile past abuses of constitutionalism. The broader implications of the topic are the challenges that transitional constitutionalism faces when it regulates transitional justice measures.

But for both transitional constitutionalism in general, and transitional justice in particular, a certain preexisting constitutional culture is required. Hence, before dealing with the specific constitutional regulations of transitional justice, the chapter discusses the role of constitutional culture in transitional constitutionalism in the specific case of transitional justice.

The chapter deals with the transitional justice measures, which are the most interesting from the point of view of constitutional theory: criminal prosecutions and the retroactive application of criminal law, since these are closely related to the principle of the rule of law, emphasized in the texts of new transitional constitutions.

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Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian. Don't have an account? Not registered? Sign up. More Contact us Publish with us Subscribe Accessibility. Print Email. Show Less Comparative Constitutional Theory Research Handbooks in Comparative Constitutional Law series Edited by Gary Jacobsohn and Miguel Schor The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays.

The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.

Chapter 3: Federalism and constitutional theory Chapter 4: Theoretical underpinnings of separation of powers Chapter 5: Constitutional dialogue and judicial supremacy Chapter 6: Judicial dialogue and fundamental rights in the European Union: a quest for legitimacy Chapter 7: Parliamentary bills of rights: have they altered the norms for legislative decision-making?

You do not have access to this content. Abstract Abstract: The chapter discusses the theoretical challenges that legal regulation of transitional justice in transitional constitutions raises when it attempts to reconcile past abuses of constitutionalism.

Subscriber Login. Password Please enter your Password. Forgot your password? Comparative Constitutional Theory Copyright Contents Contributors Chapter 1: Introduction: the comparative turn in constitutional theory Chapter 2: What is judicial supremacy? Edward Elgar Publishing.

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Transitional Justice and Its Discontents

Toggle navigation. The reason for this categorization relates to the characteristics of paradigm transitional societies. If societies are transitional democracies, their characteristics are defined as followed: extensive structural inequality, systematized political injustice, grave existential uncertainty, and robust uncertainty concerning authority. If societies are stable democracies, the circumstances and characteristics are as followed: limited structural inequality, individual or personal injustice, limited existential uncertainty, and minor uncertainty about authority. The contextual issue at hand is that formulating a transitional justice agenda for a transitional society, because of its characteristics, are quite different than formulating a transitional justice agenda for a stable democracy. For a further discussion on the characteristics of transitional societies versus stable democracies, see Colleen Murphy.

Abstract: The chapter discusses the theoretical challenges that legal regulation of transitional justice in transitional constitutions raises when it attempts to reconcile past abuses of constitutionalism. The broader implications of the topic are the challenges that transitional constitutionalism faces when it regulates transitional justice measures. But for both transitional constitutionalism in general, and transitional justice in particular, a certain preexisting constitutional culture is required. Hence, before dealing with the specific constitutional regulations of transitional justice, the chapter discusses the role of constitutional culture in transitional constitutionalism in the specific case of transitional justice. The chapter deals with the transitional justice measures, which are the most interesting from the point of view of constitutional theory: criminal prosecutions and the retroactive application of criminal law, since these are closely related to the principle of the rule of law, emphasized in the texts of new transitional constitutions. You are not authenticated to view the full text of this chapter or article.

He is currently a Visiting Professor in the School of Politics and International Studies at the University of Leeds , where he was a faculty member from to Between and he held a shared appointment at Columbia University , where he was a Visiting Professor of Political Science and taught every spring semester. In —07, he was a visiting senior research fellow at the Asia Research Institute, National University of Singapore. McCargo is best known for his writing on contemporary Thailand and Asia -related topics. His work deals mainly with the nature of power: how entrenched elites seek to retain it, and how challengers seek to undermine their legitimacy. Since then McCargo has published several other books on Thailand.


PDF | The concept of transitional justice (TJ) was widely discussed in Duncan McCargo, 'Transitional Justice and Its Discontents',Journal of.


Chapter 19: Transitional justice, transitional constitutionalism and constitutional culture

Transitional Justice and Its Discontents

3 Comments

  1. Daiana M.

    10.06.2021 at 05:37
    Reply

    Transitional Justice and Its Discontents. Duncan McCargo. Issue Date April Volume Issue 2. Page Numbers Print. Download from Project MUSE.

  2. StГ©phane P.

    10.06.2021 at 18:24
    Reply

    Duncan McCargo teaches political science at Columbia University and the University of Leeds. His latest book is Mapping National Anxieties: Thailand's Southern.

  3. Roch B.

    11.06.2021 at 12:25
    Reply

    Duncan McCargo is a senior lecturer in the Institute for Politics and. International Studies so that it can yield more social justice. The second area in need of able to effect a relatively smooth transition to political democracy (see. Ockey ). Thus the discontent that would erupt in may be better classified as a.

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