Judicial review and transitional justice: reflective judgment in three contexts

This article seeks to examine the ways in which courts of constitutional review have tried to deal with public sentiments within societies emerging from large–scale oppression and conflict. A comparative analysis of judicial review decisions from post–communist Hungary, post–Apartheid South Afr...

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Main Author: Mihaela Mihai
Format: Article
Language:English
Published: UPV/EHU Press 2010-09-01
Series:Papeles del CEIC: International Journal on Collective Identity Research
Subjects:
Online Access:http://www.ehu.es/ojs/index.php/papelesCEIC/article/view/12273
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author Mihaela Mihai
author_facet Mihaela Mihai
author_sort Mihaela Mihai
collection DOAJ
description This article seeks to examine the ways in which courts of constitutional review have tried to deal with public sentiments within societies emerging from large–scale oppression and conflict. A comparative analysis of judicial review decisions from post–communist Hungary, post–Apartheid South Africa and post–dictatorial Argentina is meant to show–case how judges have, more or less successfully, recognised and pedagogically engaged social negative feelings of resentment and indignation towards former victimisers and beneficiaries of violence. Thus, the article hopes to pave the way for more in–depth research on one of the most neglected dimensions of post–conflict societies: public affect.
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spelling doaj.art-c960f74c358b436a8c7d00dd93d50d532022-12-22T00:13:14ZengUPV/EHU PressPapeles del CEIC: International Journal on Collective Identity Research1695-64941695-64942010-09-0120102129Judicial review and transitional justice: reflective judgment in three contextsMihaela Mihai0Centro de Estudos Sociais, Universidade de CoimbraThis article seeks to examine the ways in which courts of constitutional review have tried to deal with public sentiments within societies emerging from large–scale oppression and conflict. A comparative analysis of judicial review decisions from post–communist Hungary, post–Apartheid South Africa and post–dictatorial Argentina is meant to show–case how judges have, more or less successfully, recognised and pedagogically engaged social negative feelings of resentment and indignation towards former victimisers and beneficiaries of violence. Thus, the article hopes to pave the way for more in–depth research on one of the most neglected dimensions of post–conflict societies: public affect.http://www.ehu.es/ojs/index.php/papelesCEIC/article/view/12273transitional justicejudicial reviewpublic sentiments
spellingShingle Mihaela Mihai
Judicial review and transitional justice: reflective judgment in three contexts
Papeles del CEIC: International Journal on Collective Identity Research
transitional justice
judicial review
public sentiments
title Judicial review and transitional justice: reflective judgment in three contexts
title_full Judicial review and transitional justice: reflective judgment in three contexts
title_fullStr Judicial review and transitional justice: reflective judgment in three contexts
title_full_unstemmed Judicial review and transitional justice: reflective judgment in three contexts
title_short Judicial review and transitional justice: reflective judgment in three contexts
title_sort judicial review and transitional justice reflective judgment in three contexts
topic transitional justice
judicial review
public sentiments
url http://www.ehu.es/ojs/index.php/papelesCEIC/article/view/12273
work_keys_str_mv AT mihaelamihai judicialreviewandtransitionaljusticereflectivejudgmentinthreecontexts