| ID | 177876 |
| Title Proper | Between human rights and transitional justice |
| Other Title Information | the dilemma of constitutional courts in post-communist Central Europe |
| Language | ENG |
| Author | Sipulova, Katarina ; Smekal, Hubert |
| Summary / Abstract (Note) | 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. |
| `In' analytical Note | Europe-Asia Studies Vol. 73, No.1; Jan 2021: p.101-130 |
| Journal Source | Europe-Asia Studies Vol: 73 No 1 |
| Key Words | Human Rights ; Central Europe ; Transitional Justice ; International Human Rights Law ; Constitutional Courts |