Judicial review and transitional justice: reflective judgment in three contexts
##plugins.themes.bootstrap3.article.main##
##plugins.themes.bootstrap3.article.sidebar##
Mihaela Mihai
Abstract
This article seeks to examine the ways in which courts of constitutional review have tried to deal with public sentiments within societies emerging from large–scale oppression and conflict. A comparative analysis of judicial review decisions from post–communist Hungary, post–Apartheid South Africa and post–dictatorial Argentina is meant to show–case how judges have, more or less successfully, recognised and pedagogically engaged social negative feelings of resentment and indignation towards former victimisers and beneficiaries of violence. Thus, the article hopes to pave the way for more in–depth research on one of the most neglected dimensions of post–conflict societies: public affect.
How to Cite
Mihai, M. (2012). Judicial review and transitional justice: reflective judgment in three contexts. Papeles De Identidad, 2010(2). https://doi.org/10.1387/pceic.12273
##plugins.themes.bootstrap3.article.details##
Keywords
transitional justice, judicial review, public sentiments
Section
Research Articles
The contents of Papeles de Identidad are distributed, since 2024, under the license Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0)
You are free to:
- copy, distribute and publicly communicate the work
Under the following conditions:
- Attribution — You must give appropriate credit , provide a link to the license, and indicate if changes were made . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
- NonCommercial — You may not use the material for commercial purposes.
- NoDerivatives — If you remix, transform, or build upon the material, you may not distribute the modified material.
Understanding that:
- Waiver — Some of these conditions may not apply if permission is obtained from the copyright holder.
- Public Domain — Where the work or any element of the work is in the public domain under applicable law, this is not affected by the license.
- Other rights — The following rights are not affected by the license in any way:
- Rights arising from lawful uses or other limitations recognized by law are not affected by the foregoing.
- The moral rights of the author;
- Rights that may be held by others in the work itself or its use, such as image or privacy rights.
- Notice — When reusing or distributing the work, you must make clear the terms of the license of this work.
The author may make free use of his/her article, always indicating that the text has been published in Papeles de Identidad since the University of the Basque Country retains the copyright. Any re-publication of the article must be, as well, authorized by the journal.