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Šipulová, Katarína and Smekal, Hubert (2021) Between Human Rights and Transitional Justice: The Dilemma of Constitutional Courts in Post-Communist Central Europe. Europe-Asia Studies, 73 (1). pp. 101-130. ISSN 0966-8136
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Abstract
The essay sheds light on the role of constitutional courts in transitional justice, focusing on their role in
mitigating the conflicts between transitional justice and international human rights commitments. Through
a study of the Czech Constitutional Court’s case law, we demonstrate that international human rights work
both as a constraint and a tool. Constitutional courts use international human rights law selectively, when
it suits their reasoning and views on transition. Nevertheless, the influence of international human rights
law strengthens over time, especially when supported by the adverse rulings of international bodies, and
gradually prevails over transitional justice justifications.
| Item Type: | Article |
|---|---|
| Keywords: | Human Rights; Transitional Justice; Dilemma; Constitutional Courts; Post-Communist; Central Europe; |
| Academic Unit: | Faculty of Social Sciences > Law |
| Item ID: | 18002 |
| Identification Number: | 10.1080/09668136.2020.1841739 |
| Depositing User: | Hubert Smekal |
| Date Deposited: | 09 Jan 2024 14:40 |
| Journal or Publication Title: | Europe-Asia Studies |
| Publisher: | Taylor and Francis Group |
| Refereed: | Yes |
| Related URLs: | |
| URI: | https://mu.eprints-hosting.org/id/eprint/18002 |
| Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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