Judicial Independence and Human Rights in Latin America by Elin Skaar download in ePub, pdf, iPad
However, as the book argues, when judges become independent it is more likely that, as empowered actors, they will get directly involved in prosecuting past violations. Through this scholarly contribution we are one step closer to bridging our understanding of how past legacies and the future of post-transitional processes are connected. Because the basic tenets of this still emerging field have not yet been settled there is a particularly lively debate about them. Elin Skaar's book does just that. Her research adds a welcome focus on judicial actors to the literature on transitional justice, Latin American politics, and the relationship between politics and law.
But few have analyzed the connections between transitional justice and judicial politics. This book argues that an active role of courts and judges is key to explaining the upsurge in trials. As such processes proceed, there are political, economic, and social costs that are likely to undermine the will to prosecute human rights violators. Finally, in the book there is perhaps too much optimism about the benefits of trials for past human rights violations.
The political problems involve the capability and willingness of judges and prosecutors to carry out the trials, and then the fascinating issue of compliance with judicial decisions. Add a review and share your thoughts with other readers. This is often forgotten in many studies on judicial independence. It will engage Latin Americanists as well as all who are concerned with justice and human rights around the world.
Violations, Politics, and Prosecution. Perhaps the most important contribution of the book is the clear message that judicial independence is not an end in itself, but rather a means to promote better societies and better governments. You are not currently authenticated. However, because of the aforementioned legal and political problems associated with those trials, the outcome might also be disappointing.
And the benefits of carrying out trials are sometimes diffuse even for the victims and their relatives. Skaar argues that whereas truth commissions bring only truth, trials bring both truth and justice. Skaar underscores that transitional justice processes are complex and full of unintended consequences. She contests the idea that the insistence on justice by courts in Chile, Argentina and Uruguay is simply a matter of implementing executive preferences. The former involve questions concerning the retroactivity of criminal laws, statutes of limitations, the legal and constitutional value of amnesties, and the objective and limits of punishment.
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