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Transitions to Democracy: Law and Justice in South America and Europe

Roger Turner

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Published in Comparing Transitions To Democracy Law And Justice In South America And Europe (Studies In The History Of Law And Justice 18)

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The transition from authoritarian rule to democracy has been a long and challenging process in many parts of the world. In South America and Europe, this process has been marked by both successes and setbacks. In this article, we will compare and contrast the different approaches to transitional justice that have been adopted in these two regions, and we will assess the impact of these approaches on the consolidation of democracy.

Historical Background

In South America, the transition to democracy began in the 1980s, with the collapse of military dictatorships in countries such as Argentina, Brazil, and Chile. These dictatorships had been characterized by widespread human rights abuses. In Free Download to address these abuses, many South American countries adopted truth and reconciliation commissions. These commissions were tasked with investigating past human rights violations and providing recommendations for reparations.

Comparing Transitions to Democracy Law and Justice in South America and Europe (Studies in the History of Law and Justice 18)

Comparing Transitions to Democracy. Law and Justice in South America and Europe (Studies in the History of Law and Justice Book 18)

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In Europe, the transition to democracy began in the 1990s, with the collapse of the Soviet Union. This collapse led to the independence of several Eastern European countries, which had previously been under communist rule. These countries faced a different set of challenges than South American countries, as they had not experienced the same level of human rights abuses. As a result, they adopted different approaches to transitional justice, such as criminal prosecutions and lustration (the removal of former communist officials from positions of power).

Comparison of Approaches

There are a number of different factors that have influenced the different approaches to transitional justice in South America and Europe. These factors include the nature of the previous regimes, the level of human rights abuses, and the political and social conditions in the countries themselves.

In South America, the previous regimes were characterized by widespread human rights abuses. As a result, there was a strong demand for truth and reconciliation commissions, which were seen as a way to address these abuses and promote healing. In Europe, the previous regimes were not as violent, and there was less demand for truth and reconciliation commissions. Instead, many European countries opted for criminal prosecutions and lustration, which were seen as a way to hold former officials accountable for their actions and to prevent them from returning to power.

The different approaches to transitional justice in South America and Europe have had a significant impact on the consolidation of democracy in these two regions. In South America, the truth and reconciliation commissions have helped to promote healing and reconciliation, and they have played a role in the consolidation of democracy. In Europe, the criminal prosecutions and lustration have helped to hold former officials accountable for their actions, and they have prevented them from returning to power. However, these measures have also been criticized for being divisive and for undermining the rule of law.

The transition to democracy is a complex and challenging process. There is no one-size-fits-all approach to transitional justice, and the best approach will vary depending on the specific circumstances of each country. However, the experiences of South America and Europe offer valuable insights into the different approaches to transitional justice and their impact on the consolidation of democracy.

Comparing Transitions to Democracy. Law and Justice in South America and Europe (Studies in the History of Law and Justice Book 18)

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