Book contents
- Frontmatter
- Contents
- Foreword
- Acknowledgements
- 1 Introduction
- 2 Transitional emergency jurisprudence
- 3 Rights and victims, martyrs and memories
- 4 Confronting the consequences of authoritarianism and conflict
- 5 Freedom of religion and democratic transition
- 6 The truth, the past and the present
- 7 Transition, political loyalties and the order of the state
- 8 Transition, equality and non-discrimination
- 9 Closing the door on restitution
- 10 The Inter-American human rights system and transitional processes
- 11 The ???transitional??? jurisprudence of the African Commission on Human and Peoples??? Rights
- 12 Conclusions
- Index
- References
12 - Conclusions
Published online by Cambridge University Press: 07 September 2011
- Frontmatter
- Contents
- Foreword
- Acknowledgements
- 1 Introduction
- 2 Transitional emergency jurisprudence
- 3 Rights and victims, martyrs and memories
- 4 Confronting the consequences of authoritarianism and conflict
- 5 Freedom of religion and democratic transition
- 6 The truth, the past and the present
- 7 Transition, political loyalties and the order of the state
- 8 Transition, equality and non-discrimination
- 9 Closing the door on restitution
- 10 The Inter-American human rights system and transitional processes
- 11 The ???transitional??? jurisprudence of the African Commission on Human and Peoples??? Rights
- 12 Conclusions
- Index
- References
Summary
This assertion from the dissenting opinion of Judge Bonello in the Sejdić and Finci case of 2009 illustrates that there is discussion within the European Court of Human Rights on the Court’s role in transitions. Obviously, the situation at hand – the continuously tense aftermath of the bloody and traumatic war in Bosnia and Herzegovina – might be a very extreme example, but the wider salience of Judge Bonello’s remark should not be ignored. This book set out to question and analyse to what extent the European Court has developed a specific transitional jurisprudence. By looking at a broad range of issues – from freedom of religion to property rights and from the right to free elections to freedom of expression – a diversified picture emerges. This chapter draws together common threads from the preceding contributions and overviews the different settings in which arguments from transition have been permitted or denied.
- Type
- Chapter
- Information
- Transitional Jurisprudence and the ECHRJustice, Politics and Rights, pp. 286 - 300Publisher: Cambridge University PressPrint publication year: 2011
References
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