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

Katarína Šipulová and Hubert Smekal

Europe-Asia Studies, 2021, vol. 73, issue 1, 101-130

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.

Date: 2021
References: Add references at CitEc
Citations: View citations in EconPapers (1)

Downloads: (external link)
http://hdl.handle.net/10.1080/09668136.2020.1841739 (text/html)
Access to full text is restricted to subscribers.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:taf:ceasxx:v:73:y:2021:i:1:p:101-130

Ordering information: This journal article can be ordered from
http://www.tandfonline.com/pricing/journal/ceas20

DOI: 10.1080/09668136.2020.1841739

Access Statistics for this article

Europe-Asia Studies is currently edited by Terry Cox

More articles in Europe-Asia Studies from Taylor & Francis Journals
Bibliographic data for series maintained by Chris Longhurst ().