Public negative emotions and the judicial review of transitional justice bills: lessons from three contexts

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Author(s)

  • Mihaela Mihai

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Publication details

JournalPapeles del Centro de Estudios sobre la Identidad Colectiva
DatePublished - 2010
Volume2
Number of pages29
Pages (from-to)1-29
Original languageEnglish

Abstract

This article seeks to examine the ways in which courts
of constitutional review have tried to deal with public
sentiments within societies emerging from large–scale
oppression and conflict. A comparative analysis of
judicial review decisions from post–communist Hungary,
post–Apartheid South Africa and post–dictatorial
Argentina is meant to show–case how judges have,
more or less successfully, recognised and pedagogically
engaged social negative feelings of resentment and
indignation towards former victimisers and beneficiaries
of violence. Thus, the article hopes to pave the way
for more in–depth research on one of the most neglected
dimensions of post–conflict societies: public
affect.

Bibliographical note

Papeles del CEIC, 2010. Open Access under a Creative Commons Attribution Non-Commercial license.

    Research areas

  • Transitional Justice, judicial review, public sentiment, Hungary, South Africa, Argentina

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