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Transitional justice is the way societies that have experienced
civil conflict or authoritarian rule and widespread violations of
human rights deal with the experience. With its roots in law,
transitional justice as an area of study crosses various fields in
the social sciences. This book is written with this multi- and
inter-disciplinary dynamic of the field in mind. The book presents
the broad scope of transitional justice studies through a focus on
the theory, mechanisms and debates in the area, covering such
topics as: The origin, context and development of transitional
justice Victims, victimology and transitional justice Prosecutions
for abuses and gross violations of human rights Truth commissions
Transitional justice and local justice Gender, political economy
and transitional justice Apology, reconciliation and the politics
of memory Offering a discussion of the impact and outcomes of
transitional justice, this approach provides valuable insight for
those who seek both an introduction alongside relatively advanced
engagement with the subject. Transitional Justice: Theories,
Mechanisms and Debates is an important text for postgraduate and
advanced undergraduate students who take courses in transitional
justice, human rights and criminal law, as well as a systematic
reference text for researchers.
Transitional justice is the way societies that have experienced
civil conflict or authoritarian rule and widespread violations of
human rights deal with the experience. With its roots in law,
transitional justice as an area of study crosses various fields in
the social sciences. This book is written with this multi- and
inter-disciplinary dynamic of the field in mind. The book presents
the broad scope of transitional justice studies through a focus on
the theory, mechanisms and debates in the area, covering such
topics as: The origin, context and development of transitional
justice Victims, victimology and transitional justice Prosecutions
for abuses and gross violations of human rights Truth commissions
Transitional justice and local justice Gender, political economy
and transitional justice Apology, reconciliation and the politics
of memory Offering a discussion of the impact and outcomes of
transitional justice, this approach provides valuable insight for
those who seek both an introduction alongside relatively advanced
engagement with the subject. Transitional Justice: Theories,
Mechanisms and Debates is an important text for postgraduate and
advanced undergraduate students who take courses in transitional
justice, human rights and criminal law, as well as a systematic
reference text for researchers.
Transitional Justice, Judicial Accountability and the Rule of Law
addresses the importance of judicial accountability in transitional
justice processes. Despite a general consensus that the judiciary
plays an important role in contemporary governance, accountability
for the judicial role in formerly authoritarian societies remains
largely elided and under-researched. Hakeem O. Yusuf argues that
the purview of transitional justice mechanisms should, as a matter
of policy, be extended to scrutiny of the judicial role in the
past. Through a critical comparative approach that cuts through the
transitioning experiences of post-authoritarian and post-conflict
polities in Latin America, Asia, Europe and Africa, the book
focuses specifically on Nigeria. It demonstrates that public
accountability of the judiciary through the mechanism of a
truth-seeking process is a necessary component in securing
comprehensive accountability for the judicial role in the past.
Transitional Justice, Judicial Accountability and the Rule of Law
further shows that an across-the-board transformation of state
institutions - an important aspiration of transitional processes -
is virtually impossible without incorporating the third branch of
government, the judiciary, into the accountability process.
Transitional Justice, Judicial Accountability and the Rule of
Law addresses the importance of judicial accountability in
transitional justice processes. Despite a general consensus that
the judiciary plays an important role in contemporary governance,
accountability for the judicial role in formerly authoritarian
societies remains largely elided and under-researched. Hakeem O.
Yusuf argues that the purview of transitional justice mechanisms
should, as a matter of policy, be extended to scrutiny of the
judicial role in the past. Through a critical comparative approach
that cuts through the transitioning experiences of
post-authoritarian and post-conflict polities in Latin America,
Asia, Europe and Africa, the book focuses specifically on Nigeria.
It demonstrates that public accountability of the judiciary through
the mechanism of a truth-seeking process is a necessary component
in securing comprehensive accountability for the judicial role in
the past. Transitional Justice, Judicial Accountability and the
Rule of Law further shows that an across-the-board transformation
of state institutions - an important aspiration of transitional
processes - is virtually impossible without incorporating the third
branch of government, the judiciary, into the accountability
process.
The peace, order and good government (POGG) clause is found in the
constitutions of almost all Commonwealth countries. Since its
introduction, the clause has played a significant role in colonial
and post-colonial constitutionalism in Commonwealth jurisdictions.
This book is the first full length analysis of the various
dimensions of the peace, order and good government clause. It
argues that the origins of the POGG clause mark it out as an
anachronistic feature of British constitutionalism when seen
against a modern setting of human rights, liberty and
democratisation. The book traces the history, politics and
applications of the clause through the colonial period in
Commonwealth territories to date. It provides critical evaluation
of the POGG clause in a cross-continental enquiry, examining
statutory, political and constitutional deployment in Australia,
Canada, India, Nigeria, South Africa and the United Kingdom. The
evaluation demonstrates that the POGG clause has relevance in a
number of significant aspects of legal and socio-political ordering
across the Commonwealth featuring prominently in the federalism
question, emergency powers and the review of administrative powers.
It maintains that while the clause is not entirely devoid of
positive value, the POGG clause has been used not only to further
the objects of colonialism, but also authoritarianism and
apartheid. This book calls for a rethink of the prevailing
subjective approach to the interpretation of the clause. The book
will be of interest to students and academics of public law, human
rights law, and comparative politics.
The peace, order and good government (POGG) clause is found in the
constitutions of almost all Commonwealth countries. Since its
introduction, the clause has played a significant role in colonial
and post-colonial constitutionalism in Commonwealth jurisdictions.
This book is the first full length analysis of the various
dimensions of the peace, order and good government clause. It
argues that the origins of the POGG clause mark it out as an
anachronistic feature of British constitutionalism when seen
against a modern setting of human rights, liberty and
democratisation. The book traces the history, politics and
applications of the clause through the colonial period in
Commonwealth territories to date. It provides critical evaluation
of the POGG clause in a cross-continental enquiry, examining
statutory, political and constitutional deployment in Australia,
Canada, India, Nigeria, South Africa and the United Kingdom. The
evaluation demonstrates that the POGG clause has relevance in a
number of significant aspects of legal and socio-political ordering
across the Commonwealth featuring prominently in the federalism
question, emergency powers and the review of administrative powers.
It maintains that while the clause is not entirely devoid of
positive value, the POGG clause has been used not only to further
the objects of colonialism, but also authoritarianism and
apartheid. This book calls for a rethink of the prevailing
subjective approach to the interpretation of the clause. The book
will be of interest to students and academics of public law, human
rights law, and comparative politics.
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