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Negative Emotions and Transitional Justice$
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Mihaela Mihai

Print publication date: 2016

Print ISBN-13: 9780231176507

Published to Columbia Scholarship Online: September 2016

DOI: 10.7312/columbia/9780231176507.001.0001

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Enabling Emotional Responsibility I

Enabling Emotional Responsibility I

Judicial Review of Transitional Justice Legislation

Chapter:
(p.79) 3 Enabling Emotional Responsibility I
Source:
Negative Emotions and Transitional Justice
Author(s):

Mihaela Mihai

Publisher:
Columbia University Press
DOI:10.7312/columbia/9780231176507.003.0003

In Chapter III, I move on to a theoretical account of how the judicial review of transitional justice bills should affirm the integrity of democratic principles and, at the same time, constructively engage the political emotions characterising post-conflict circumstances. In order to sketch such an account, Ronald Dworkin’s “law as integrity” is supplemented with elements from the literature on reflective judgment and the sociology of law. Two cases from South Africa and Argentina serve as illustrations.

Keywords:   judicial review, transitional justice, “law as integrity”, reflective judgment, South Africa, Argentina

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