Transitional Justice, Distributive Justice, and Transformative Constitutionalism: Comparing Colombia and South Africa

South African and Colombian societies have sought to establish futures founded on equality, democracy, and constitutionalism. Transitional Justice, Distributive Justice, and Transformative Constitutionalism: Comparing Colombia and South Africa offers a scholarly comparison of the two countries in relation to these ideas. The volume explores innovative approaches to transitional justice, socio-economic rights, and legal structures designed to achieve both transitional and distributive justice. It is a timely work of innovative methodology and rare engagement between two constitutional democracies in the Global South.

Format: Hardback
Length: 512 pages
Publication date: 21 December 2023
Publisher: Oxford University Press

South African and Colombian societies, emerging from national pasts marked by violence, conflict, and injustice, have embarked on a journey to shape futures grounded in equality, democracy, and constitutionalism. This transformative endeavor has given rise to a scholarly comparison between Colombia and South Africa, exploring the intersecting ideas of transitional justice, distributive justice, and transformative constitutionalism. Transitional Justice, Distributive Justice, and Transformative Constitutionalism: Comparing Colombia and South Africa, a comprehensive volume, offers a dedicated exploration of these two countries in relation to these critical concepts.

Contributions from Colombian and South African authors come together to provide a rich and multifaceted examination of each country, offering a foundation for deep reflection and comparison. The volume delves into various thematic perspectives, shedding light on the unique characteristics and challenges faced by both nations.

Transitional justice, a vital component of this comparative analysis, encompasses the need for redress of past historical wrongs. It explores innovative approaches that go beyond traditional legal frameworks, such as philosophical approaches to reconciliation, the use of art to address past injustices, and the role of museums in memorializing the past. Part one of the volume delves into these diverse methods, highlighting their potential to foster healing and promote social transformation.

Part two delves into one of the central pillars of transformative constitutionalism: socio-economic rights. It examines the role of history in interpreting these rights and the procedural mechanisms that enable individuals to access and assert their socio-economic entitlements. The volume explores the historical context, legal frameworks, and challenges associated with ensuring distributive justice in various areas, including indigenous people's rights, procedural law, and international law.

Part three examines the development of legal structures designed to achieve both transitional and distributive justice. It explores the challenges and opportunities in achieving justice for marginalized communities, addressing issues such as land reform, gender equality, and the protection of human rights. The volume emphasizes the importance of constitutionalism in mediating social change and fostering a more inclusive and democratic society.

Transitional Justice, Distributive Justice, and Transformative Constitutionalism: Comparing Colombia and South Africa is a timely and innovative work that employs a methodology that breaks new ground. It fosters a rare engagement between two countries, offering valuable insights into their respective experiences and fostering a deeper understanding of the complexities of transitional justice, distributive justice, and transformative constitutionalism.

This comparative analysis serves as a valuable resource for scholars, policymakers, and activists working towards building more equitable and inclusive societies. It highlights the importance of addressing historical injustices, promoting social and economic equality, and fostering constitutionalism as a means of promoting law-governed social change. By examining the experiences of Colombia and South Africa, this volume contributes to the growing body of knowledge on transitional justice and constitutionalism, offering valuable lessons and strategies for building a more just and sustainable world.

Weight: 998g
Dimension: 164 x 242 x 33 (mm)
ISBN-13: 9780192887627