Constitutionalizing Transitional Justice

Cheng-Yi Huang is Research Professor at the Institutum Iurisprudentiae, Academia Sinica, and Professor at the Institute of Law for Science and Technology, National Tsing Hua University, Taiwan.

'Constitutions are forward-looking attempts to structure future politics, but also have to confront legacies of the past. This volume brings together a group of star scholars to consider the intersections of constitutions and transitional justice in a range of important and varied settings. Highly recommended!'Tom Ginsburg, Leo Spitz Professor of International Law, The University of Chicago Law School'This book wonderfully illuminates the problems that arise when societies attempt to respond to their past record of injustice during the difficult period of transition. Its careful case studies alert us to the complexities of this process, including the problem that transitions may be retrogressive as well as progressive.'David Dyzenhaus, University Professor of Law and Philosophy, University of Toronto'Insightful and topical array of essays addressing the constitutionalism of transitional justice worldwide: this volume will be of profound interest to scholars and practitioners alike.'Ruti Teitel, Ernst C. Stiefel Professor of Comparative Law, New York Law School

• List of tablesList of contributorsAcknowledgementsContexts of Constitutionalizing Transitional Justice: An introductionPart 1 Constitutional Origins of Transitional JusticeChapter 1: The Dilemmas of Transitional Justice and the South African ExperienceChapter 2: Facing the Shadows of the Past during Transitions: The Role of the Constitutions in the Case of HungaryChapter 3: Constitutional Divergence and Transitional Justice in South Korea and TaiwanPart 2 Constitutional Process of Transitional JusticeChapter 4: Constitutional Justice and Negotiated Peace in ColombiaChapter 5: Constitutions, Courts, and the Quest for Transitional Justice: The Case of ChileChapter 6: Coordinated Transition in East Central Europe and the Role of Constitutional Courts in Transitional Justice: Experiences from Hungary and MoldovaChapter 7: The Determinants of the Polish Transformation at the Turn of the 21st Century: In View of the Judgments of the Constitutional Tribunal of PolandPart 3 Constitutional Consequences of Transitional JusticeChapter 8: Transitional Justice in a 19th-Century Constitution: Cautionary Observations from the United StatesChapter 9: ‘Cadres’ in Post-communist Transition: Shifting the Loyalty Standards in Public Service after Regime ChangeChapter 10: Between Blaming and Naming: Constitutional Review of Bans on Communist Parties in Post-Soviet StatesIndex