Seeking the rule of law: Constitutions, amnesties and truth commissions in Chile, South Africa and Ghana.
Published: 2006
Language: eng
Number of pages: 111
ISBN-13: 9780494212424
Subjects: University of Toronto. -- Faculty of Law -- Dissertations.; Rule of law.; Constitutional law -- Chile.; Truth commissions -- Chile.; Constitutional law -- South Africa.; Truth commissions -- South Africa.; Constitutional law -- Ghana.; Truth commissions -- Ghana.
Description: Countries in transition may choose to review their past with a truth commission and to frame their future with a constitution. Both truth commissions and constitutions are means to achieve or enhance the rule of law, but the relationship between the two mechanisms can be complicated when amnesty for human rights abusers is part of the transitional justice equation. Amnesties represent a tension in the attempt by transitional justice mechanisms such as truth commissions to achieve the rule of law in a given polity. This thesis explores the interplay between truth commissions and constitutions in Chile, South Africa and Ghana. It reviews the seeming contradiction of upholding a constitutional framework that contains a bar to accountability and suggests that the effect that transitional justice mechanisms have on one another must be taken into account in order to successfully re-entrench the rule of law in emerging democracies.
Notes: Source: Masters Abstracts International, Volume: 45-03, page: 1284.

Thesis (LL.M.)--University of Toronto, 2006.

Electronic version licensed for access by U. of T. users.

ROBARTS MICROTEXT copy on microfiche.