| Article | On the Beauty of Confusions or Transitional Justice, and Rule of Law |
|---|---|
| Authors |
Czarnota A.
|
| Name of magazine | Legal journal «Law of Ukraine» (English version) |
| Issue | 4 / 2013 |
| Pages | 47 - 53 |
| Annotation | The article describes the relation between transitional justice and the rule of law. The author analyzes the genesis of two discourses: transitional justice and the rule of law. He claims that both started long ago with human rights discourse and democracy. At present democracy has been replaced by rule of law discourse. There is internal paradox and tension between transitional justice, which means the adoption of mechanisms to replace traditional justice in countries in transitional, and the rule of law. Whereas the rule of law is based on the autonomy of law from politics, transitional justice is an extension of political will. Whereas the rule of law is a focus on stability and not the instrumental use of legal institutions, something totally opposite is connected with transitional justice. The author suggests that theoretical reconceptualization of rule of law is needed. |
| Keywords | transitional justice, rule of law, democracy, human rights, discourse, transformations. |
| References | |
| Electronic version | Download |