Transitional justice and the rule of law in new democracies

1998 ◽  
Vol 35 (08) ◽  
pp. 35-4774-35-4774
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
New Democracies ◽  
The Rule Of Law

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

The Politics of Public Order, 1795–1802

2014 ◽  
Author(s):  
Howard G. Brown
Keyword(s):  
Rule Of Law ◽  
Transitional Justice ◽  
Liberal Democracy ◽  
Public Order ◽  
Law And Order ◽  
The Rule Of Law ◽  
The Road ◽  
Basic Law ◽  
National Convention ◽  
New System

The Thermidorian National Convention, despite some efforts at ‘transitional justice’, failed to master the legacies of the Terror. Therefore, the fledgling regime needed to impose the new republican political order while also restoring basic law and order—two tightly entwined tasks. The Constitution of 1795 articulated a liberal democracy based on the rule of law, but political instability and endemic lawlessness led first to multiple violations of the constitution, especially in the wake of elections, and a steady shift from democratic republicanism toward ‘liberal authoritarianism’. This shift received added impetus during waves of repression intended to restore order on strictly republican terms. The result was the creation a new ‘security state’, one that combined coercive policing, administrative surveillance, exceptional justice, and militarized repression. The emergence of the new system helped to restore order, and thereby to legitimize the Consulate, but it also paved the road to personal dictatorship in 1802.

Part III Regimes and Doctrines, Ch.38 Theories of Transitional Justice: Cashing in the Blue Chips

2016 ◽  
Author(s):  
Nesiah Vasuki
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Transitional Justice ◽  
The Other ◽  
Practical Significance ◽  
Political Society ◽  
Political Imagination ◽  
The Rule Of Law ◽  
The One

This chapter examines the utopias called forth by the marriage of human rights accountability mechanisms on the one hand, and, on the other, arguments about the practical significance of these initiatives as preconditions for development, democracy, and political society. Transitional justice is seen to marry the ethical charge of the human rights field’s march against impunity, with an instrumental potential facilitating transition from the rule of violence into the rule of law. If the normative theories and agendas implicated by this marriage are advanced as being in the interests of justice, the accompanying instrumental theories and agendas are advanced in the interests of transition. Justice and transition operate here as allied and mutually reinforcing aspirations of and rationales for transitional justice institutions. Thus, this chapter identifies and analyses the stakes that attend this marriage of ‘ethics’ and ‘expertise’ in constituting the utopian political imagination of transitional justice.

Decolonizing Justice in Tunisia

2019 ◽  
pp. 22-39
Author(s):  
Corinna Mullin ◽  
Nada Trigui ◽  
Azadeh Shahshahani
Keyword(s):  
Twentieth Century ◽  
Rule Of Law ◽  
North Africa ◽  
Transitional Justice ◽  
Regime Change ◽  
Nazi Germany ◽  
Revolutionary Change ◽  
The Rule Of Law ◽  
Popular Justice ◽  
Justice Process

Building on decades of struggle, the January 2011 Tunisian uprising triggered a wave of popular revolt that spread across North Africa and West Asia. After the uprising, Tunisia became the focus of a celebrated project of transitional justice, which is now the globally mandated method of reconciling victims and perpetrators following a nonrevolutionary regime change. However, Tunisia's process of transitional justice must be critically examined. The very paradigm employed—that is, the rule of law that transitional justice consistently seeks to impose—is skewed in favor of imperial interests, which can be traced to the paradigm's origins in the mid–twentieth century victory of European powers over Nazi Germany and its allies. There are other models of justice, however, that are not rooted in this Eurocentric victor's history, but instead derive from revolutionary traditions. A key one is the People's Tribunal, used since the late 1960s. The convening of a People's Tribunal in Tunisia could help amplify and extend the popular-justice claims that surfaced during the country's recent transitional-justice process. Establishing such a tribunal might help build a symbolic reservoir and organizational force that could ultimately contribute to substantial revolutionary change in the country.

scholarly journals Crime and Public Support for the Rule of Law in Latin America and Africa

2014 ◽  
Vol 6 (2-3) ◽  
pp. 153-169 ◽  
Author(s):  
Shannon I. Smithey ◽  
Mary Fran T. Malone
Keyword(s):  
Latin America ◽  
Public Opinion ◽  
Latin American ◽  
Rule Of Law ◽  
Fear Of Crime ◽  
Public Support ◽  
Sub Saharan Africa ◽  
New Democracies ◽  
The Rule Of Law ◽  
Sub Saharan

Abstract Crime poses a formidable obstacle to democratization in many parts of the developing world. New democracies in Central America and sub-Saharan Africa face some of the highest homicide rates in the world. Politicians, citizens, and policy-makers have raised the alarm about the growing tide of criminality. Public insecurity, coupled with inefficient and often corrupt justice systems, makes democratization uncertain. Even if new democracies do not revert to dictatorship, the quality of democracy may suffer if crime continues to rise. One particularly vulnerable component of democracy is the rule of law, as public insecurity may fuel support for extra-legal justice, and a willingness to disregard the law while aggressively pursuing suspected criminals. To test these relationships, we assess the ways in which criminal victimization, as well as fear of crime, affect citizen support for the rule of law. We utilize public opinion data collected in select countries in Latin America and sub-Saharan Africa through two widely used sources – the Latin American Public Opinion Project (LAPOP) and the Afrobarometer surveys.

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