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Transitional Justice and Rule of Law Reconstruction - A Contentious Relationship (Hardcover, New)
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Transitional Justice and Rule of Law Reconstruction - A Contentious Relationship (Hardcover, New)
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This short and accessible book is the first to focus exclusively on
the inter-relation between transitional justice and rule of law
reconstruction in post-conflict and post-authoritarian states. In
so doing it provides a provocative reassessment of the various
tangled relationships between the two fields, exploring the
blind-spots, contradictions and opportunities for
mutually-beneficial synergies in practice and scholarship between
them. Though it is commonly assumed that transitional justice for
past human rights abuses is inherently conducive to restoring the
rule of law, differences in how both fields conceptualise the rule
of law, the scope of transition and obligations to citizens have
resulted in divergent approaches to transitional criminal trial,
international criminal law, restorative justice and traditional
justice mechanisms. Adopting a critical comparative approach that
assesses the experiences of post-authoritarian and post-conflict
polities in Latin America, Asia, Europe and Africa undergoing
transitional justice and justice sector reform simultaneously, it
argues that the potential benefits of transitional justice are
exaggerated and urges policy-makers to rebalance the compromises
inherent in transitional justice mechanisms against the
foundational demands of rule of law reconstruction. This book will
be of interest to scholars in the fields of transitional justice,
rule of law, legal pluralism and peace-building concerned by the
failure of transitional justice to leave a positive legacy to the
justice system of the states where it operates. 'This is a bold and
nuanced scrutiny of the international system's approach to
transitional justice and the much vaunted rule of law project. Dr
McAulifee should be congratulated for this well-researched book
which should be a must read for not only scholars and researchers
in transitional justice and peace and conflict studies, but also
policy-makers in the international system.' Dr. Hakeem O. Yusuf,
Senior Lecturer, University of Strathclyde and author of
Transitional Justice, Judicial Accountability and the Rule of Law.
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