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
7 - Transition, political loyalties and the order of the state
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
Introduction
Forty years after the European Convention on Human Rights (ECHR) was drafted, the political climate of the region was transformed. Fledgling democracies in post-communist Eurasia faced many challenges, including the need to earn the political loyalty previously demanded by the so-called Peoples’ democracies. Ensuring this loyalty entailed the reconfiguration of the public sphere and, to varying degrees, the selective restriction of core political rights. In turn, this reconfiguration resulted in new dynamics of inclusion and exclusion – the inclusion of those previously prevented from accessing the political domain, and the exclusion of those who would seek a return to the past or might otherwise undermine democratic consolidation. Restrictions upon political rights included the dissolution of successor communist parties and other political associations, lustration laws designed to ensure discontinuity with the prior regime, and the exclusion of certain categories of individuals from running for or holding political office.
- Type
- Chapter
- Information
- Transitional Jurisprudence and the ECHRJustice, Politics and Rights, pp. 151 - 184Publisher: Cambridge University PressPrint publication year: 2011
References
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