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 actwhich directly affects the quality
and credibility of democratic institutions.
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