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What is Transitional Justice? On Democratic State's Past Damage Settlement

100%
Snarski T.
Pieniądze i Więź
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2008
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vol. 11
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issue 4(41)
16-27
EN
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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Formuła Radbrucha jako instrumentarium sprawiedliwości tranzycyjnej

80%
Lubertowicz M.
Politeja : Pismo Wydziału Studiów Miedzynarodowych i Politycznych Uniwersytetu Jagiellońskiego
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2010
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issue 2(14)
375-388
EN
This article is a case study on point of statutory lawlessness an supra -statutory law doctrine application, in processes of reckoning with the past of totalitarian regimes. At the beginning, the author defined the transitional justice and he described difficulties connected with its application. There is also explained the term of Radbruch’s formula and its origin. In this consideration, there is touched the subject area of using the Radbruch’s formula application in de -Nazification processes, in post -war Germany. The author raised the problem of retroactivity the Allied Control Council’s acts that was penalizing Nazi war crimes. The problem of Radbruch formula’s application in processes of reckoning with the former GDR past is also reviewed. The author outlined the transitional justice procedures in United Germany based on criminal trials of “Berlin Wallshooters”. In conclusion the article, the author tries to recapitulate the process of Radbruch formula’s application as an instrument of retrospective justice. The author points to a possibility of using statutory lawlessness and supra -statutory law doctrine in future, especially in situation of regime change. Simultaneously, there was formulated a prediction that Radbruch’s formula will have being completed by international human rights system in transitional justice procedures.
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