CONSTITUTIONALIZING TRANSITIONAL JUSTICE: HOW CONSTITUTIONS AND COURTS DEAL WITH THE PAST ATROCITY

This panel brings scholars and practitioners from different countries (Hungary, Poland, Kazakhstan, and Taiwan ) and disciplines (law and political science) together to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the panel include: is a new constitution inevitable for the successful practice of transitional justice after democratization, revolution or civil war? What could or should a constitutional court do in response to political injustice from the past? Would it be too risky for the court to test the water with a new constitution immediately after a transition for the swift rectification of past wrongdoings?As scholars who so intensely debate the promises made by the constitution, we also try to inquire: would the process of transitional justice affect the constitutional culture, political dynamics among parties or public trust in the constitution and constitutional courts?



Time:  MONDAY 25 June 2018 16:45-18:15
Chair(s):   Marek Zubik
Panel:  Panel 13