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The Constitution, Reconciliation, and Transitional Justice: Lessons from South Africa and Israel

Gross, Aeyal M
June 4, 2015

Source: (2004) Stanford Journal of International Law. 40(Winter): 47-104.

In this essay Aeyal Gross focuses on the connection between reconciliation and peace processes on the one hand, and legal and constitutional changes on the other hand. With much attention in recent years to matters of justice during periods of change and political transition, students and practitioners of transitional justice have recognized the following dilemma: the need to look backward to address past human rights violations; and the need to look forward to seek reconciliation and peace among people and groups from all sides of a conflict. With this in mind, Gross argues that a constitution may play a significant role in advancing transitional justice. Gross also modifies current traditional justice theory, and compares South Africa and Israel with respect to their constitutions and issues of transitional justice.


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