What is Transitional Justice? On Democratic State's Past Damage Settlement
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The article relates to the issue of transitional justice which has become popular among scholars over the last couple of years. The author gives transitional justice a broader meaning that refers not only to the states undergoing rapid regime transformations but also to stable constitutional democracies that have to deal with the problem of past damage settlements. The latter states have been experiencing an evolution regarding the very definition of justice, not only in the system of law but also outside of it. Transitional justice, as defined above, can be understood as\ a constandy evolving process. To prove the above, the case of the 'Chinese Canadian Head Tax' can serve as a good example of a democratic and developed state dealing with the problem. The Chinese Canadian Head Tax case concerns civil claims of Canadians with Chinese origins that have been discriminated against in the past by Canadian government by means of restrictive tax policies. Should transitional justice refer only to the obvious breaches of human rights committed in the past in states undergoing violent political transformations? Or should it also concern stable democracies? The answers to these questions can be fund in the recapitulated article.
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