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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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The Judiciary and the Politics of Transition: Police Brutality Cases in Chile, Northern Ireland and South Africa

ISBN13: 9780415618922
To be Published: January 2021
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £105.00

The Judiciary and the Politics of Transition provides a critical analysis of judicial decision-making during transitions from conflict. The establishment or re-establishment of the 'rule of law' has become synonymous with democratisation and moving out of conflict. This privileging of law in turn ensures that judges become key actors in the process of transition, even in societies in which the judiciary previously had cooperated with repressive uses of law.

Assessing the role of the judiciary in societies undergoing profound political and constitutional change, Marny Requa argues that an understanding of judicial motivation is necessary to more thoroughly assess post-conflict justice. Presenting an analysis of case law across three jurisdictions - Chile, Northern Ireland and South Africa - she argues that it is a strategic concern to maximise judicial independence in new, more liberal political systems, that informs judicial behaviour. Filling a noticable gap in the existing literature, The Judiciary and the Politics of Transition thereby develops an analysis of post-conflict legality that links transitional justice to the often overlooked dimension of judicial politics.

Chapter 1: Judicial Politics and Transition
Chapter 2: The Constitutional Systems of Chile, Northern Ireland and South Africa
Chapter 3: Mobilization through the Courts
Chapter 4: Judicial Activism and Rights Protection
Chapter 5: Pluralism and Judicial Discretion
Chapter 6: Meta-Conflict in the Courts: Judicial Discourse on the Past and the Process of Transition
Chapter 7: A Theory of Judicial Politics in Transition
Chapter 8: Conclusion: Truth, Justice, Peace ... and the Courts?