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

Preview

Download (962kB) | Preview

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:	https://doi.org/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
URI:	Publisher
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

Repository Staff Only(login required)

Item control page

Downloads

Origin of downloads