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Between Human Rights and Transitional Justice: The Dilemma of Constitutional Courts in Post-Communist Central Europe

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  • Katarína Šipulová
  • Hubert Smekal

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.

Suggested Citation

  • Katarína Šipulová & Hubert Smekal, 2021. "Between Human Rights and Transitional Justice: The Dilemma of Constitutional Courts in Post-Communist Central Europe," Europe-Asia Studies, Taylor & Francis Journals, vol. 73(1), pages 101-130, January.
    • Handle: RePEc:taf:ceasxx:v:73:y:2021:i:1:p:101-130
    DOI: 10.1080/09668136.2020.1841739
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    Cited by:

    1. McCauley, Darren & Pettigrew, Kerry A. & Todd, Iain & Milchram, Christine, 2023. "Leaders and laggards in the pursuit of an EU just transition," Ecological Economics, Elsevier, vol. 205(C).

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