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Transitional justice – the act of reckoning with a former authoritarian regime after it has ceased to exist – has direct implications for democratic processes. Mechanisms of transitional justice have the power to influence who decides to go into politics, can shape politicians' behavior while in office, and can affect how politicians delegate policy decisions. However, these mechanisms are not all alike: some, known as transparency mechanisms, uncover authoritarian collaborators who did their work in secret while others, known as purges, fire open collaborators of the old regime. After Authoritarianism analyzes this distinction in order to uncover the contrasting effects these mechanisms have on sustaining and shaping the qualities of democratic processes. Using a highly disaggregated global transitional justice dataset, the book shows that mechanisms of transitional justice are far from being the epilogue of an outgoing authoritarian regime, and instead represent the crucial first chapter in a country's democratic story.
This book explores pacted transitions to democracy, in which former autocrats are granted amnesty in exchange for allowing free elections.
This collection on transitional justice sits as part of a library of essays on different concepts of ’justice’. Yet transitional justice appears quite different from other types of justice and fundamental ambiguities characterise the term that raise questions as to how it should sit alongside other concepts of justice. This collection attempts to capture and portray three different dimensions of the transitional justice field. Part I addresses the origins of the field which continue to bedevil it. Indeed the origins themselves are increasingly debated in what is an emergent contested historiography of the field that assists in understanding its contemporary quirks and concerns. Part II addresses and sets out parts of the ’tool-kit’ of transitional justice, which could be understood as the canonical research agenda of the field. Part III tries to convey a sense of the way in which the field is un-folding and extending to new transitions, tools, theories of justice, and self-critique.
This book shows that transitional justice succeeds when it makes transparent secret legacies of the former authoritarian regime.
The contributions in this volume offer a comprehensive analysis of transitional justice from 1945 to the present. They focus on retribution against the leaders and agents of the autocratic regime preceding the democratic transition, and on reparation to its victims. Part I contains general theoretical discussions of retribution and reparation. The essays in Part II survey transitional justice in the wake of World War II, covering Austria, Belgium, Denmark, France, Germany, Hungary, the Netherlands, and Norway. In Part III, the contributors discuss more recent transitions in Argentina, Chile, Eastern Europe, the former German Democratic Republic, and South Africa, including a chapter on the reparation of injustice in some of these transitions. The editor provides a general introduction, brief introductions to each part, and a conclusion that looks beyond regime transitions to broader issues of rectifying historical injustice.
Explores how the former communist regimes of Central and Eastern Europe have grappled with the serious human rights violations of past regimes.
Irina Khmelko, Frederick Stapenhurst, and Michael L. Mezey have assembled an authoritative guide to the declining institutional capacities of legislatures around the world. Case studies represent a diverse sample of countries, ranging from newer democracies emerging from the post-communist world to more established but at times fragile democracies in Asia. Although largely focused on newer democratic systems, readers will be able to identify key factors that explain the general global trend toward the empowerment of executives at the expense of national legislatures. The cases, although different from one another, identify several factors that have explained the erosion of legislative power,...
Using Christianity in Africa, this book demonstrates that cultural influences, specifically religious sermons, can impact political participation.
The topic of electoral reform is an extremely timely one. The accelerated expansion of the number of new democracies in the world generates increasing demands for advice on the choice of electoral rules; at the same time, a new reformism in well established democracies seeks new formulas favoring both more representative institutions and more accountable rulers. This book addresses the theoretical and comparative issues of electoral reform in relation to democratization, political strategies in established democracies and the relative performance of different electoral systems. Case studies on virtually every major democracy or democratizing country in the world are included.
International courts have proliferated in the international system, with over one hundred judicial or quasi-judicial bodies in existence today. This book develops a rational legal design theory of international adjudication in order to explain the variation in state support for international courts. Initial negotiators of new courts, 'originators', design international courts in ways that are politically and legally optimal. States joining existing international courts, 'joiners', look to the legal rules and procedures to assess the courts' ability to be capable, fair and unbiased. The authors demonstrate that the characteristics of civil law, common law and Islamic law influence states' acceptance of the jurisdiction of international courts, the durability of states' commitments to international courts, and the design of states' commitments to the courts. Furthermore, states strike cooperative agreements most effectively in the shadow of an international court that operates according to familiar legal principles and rules.