oa Codicillus - Recalling law, politics and justice in post-authoritarian societies



In this article the authors analyse the processes of policital, constitutional and legal transformation in two post-authoritarian societies, namely Eastern and Central Europe and South Africa. They first comment generally on the transformation in these societies, then discuss some of the similarities and differences in their respective transformation processes. After a consideration of political negotiations and constitutional prospects they contemplate two theoretical approaches, those of Minow and Gordon respectively. Finally, the article analyses the responses to authoritarianism and the approaches to transitional justice in these societies, namely retributive justice in Europe, and truth and reconciliation in South Africa.


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