过渡后的司法清洗:在岩石和坚硬的地方之间
Katarína Šipulová1, David Kosař2
1Judicial Studies Institute, Faculty of Law, Masaryk University, Brno, Czech Republic.
概括
过渡期司法机制努力解决过去政权中的司法共谋问题. 这种失败有可能破坏公众的信任,使民粹主义滥用成为可能,对过去和现在的民主过渡构成挑战.
科学领域:
- 法律研究 法律研究
- 政治科学 政治科学是指政治学.
- 社会学 社会学 社会学
背景情况:
- 在非民主政权中的司法共谋被低估了.
- 过渡司法机制在理论上适用,但在实践中对法官来说具有挑战性.
研究的目的:
- 分析法官与过去的非民主政权合作的问题.
- 探讨未能解决司法过去对司法合法性和民主过渡的影响.
主要方法:
- 捷克后共产主义司法过渡的案例研究.
- 用匈牙利,波兰和罗马尼亚的例子进行比较分析.
主要成果:
- 由于法官的不同角色,司法独立原则和实际律师短缺,过渡司法机制的装备不佳.
- 未能解决司法共谋问题会削弱公众的信任,民粹主义领导人可以利用它来制约法院的议程.
结论:
- 解决法官在非民主政权中的过去角色提出了司法独立与问责制之间的困境.
- 捷克的经验为解消独裁司法改革和向民主过渡所面临的当代挑战提供了洞察力.
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