Seeking the Rule of Law: Constitutions, Amnesties and Truth Commissions in Chile, South Africa and Ghana
Year: 2006
Type: dissertation
Abstract: Countries in transition may choose to review their past with a truth commission and to frame their future with a constitution. Both truth commissions and constitutions are means to achieve or enhance the rule of law, but the relationship between the two mechanisms can be complicated when amnesty for human rights abusers is part of the transitional justice equation. Amnesties represent a tension in the attempt by transitional justice mechanisms such as truth commissions to achieve the rule of law in a given polity. This thesis explores the interplay between truth commissions and constitutions in Chile, South Africa and Ghana. It reviews the seeming contradiction of upholding a constitutional framework that contains a bar to accountability and suggests that the effect that transitional justice mechanisms have on one another must be taken into account in order to successfully re-entrench the rule of law in emerging democracies.
Source: TSpace (University of Toronto)
Author: Kim Stanton
Language: English
Topic: War, Law, and Justice
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W310293186