Transitional Justice, Judicial Accountability and the Rule of Law

By Hakeem O. Yusuf

© 2010 – Routledge

204 pages

Purchasing Options:
Paperback: 9780415601511
pub: 2013-04-12
US Dollars$54.95
x
Hardback: 9780415575355
pub: 2010-04-28
US Dollars$150.00
x

About the Book

Transitional Justice, Judicial Accountability and the Rule of Law addresses the importance of judicial accountability in transitional justice processes. Despite a general consensus that the judiciary plays an important role in contemporary governance, accountability for the judicial role in formerly authoritarian societies remains largely elided and under-researched. Hakeem O. Yusuf argues that the purview of transitional justice mechanisms should, as a matter of policy, be extended to scrutiny of the judicial role in the past. Through a critical comparative approach that cuts through the transitioning experiences of post-authoritarian and post-conflict polities in Latin America, Asia, Europe and Africa, the book focuses specifically on Nigeria. It demonstrates that public accountability of the judiciary through the mechanism of a truth-seeking process is a necessary component in securing comprehensive accountability for the judicial role in the past. Transitional Justice, Judicial Accountability and the Rule of Law further shows that an across-the-board transformation of state institutions – an important aspiration of transitional processes – is virtually impossible without incorporating the third branch of government, the judiciary, into the accountability process.

Reviews

'In less than 200 pages, the author covers general questions of judicial accountability and the judicialisation of politics (Chapters 1 and 6); applies these questions to transitional contexts (Chapters 3 and 5); analyzes the specifics of judicial accountability in the Nigerian case (Chapters 4 and 7) and advances an analysis about the appropriateness of truth commissions for delivering judicial accountability (Chapter 2). In this respect, the book is a tour de force' - Catherine O'Rourke, University of Ulster, UK for Social & Legal Studies (2013)

Table of Contents

Introduction 1. The Case for Judicial Accountability in Transitions 2. Truth, Transition, and Accountability of the Judiciary 3. Political Change and Judicial Reform: An International and Comparative Perspective 4. Judicial Accountability in Political Transitions: The Nigerian Context 5. Rights, the Judiciary and Constitutionalism in Transitions 6. Transition and the Judicialization of Politics: Dialectics of a Phenomenon 7. Courts to the Rescue? The Judicialization of Politics in Nigeria. Conclusion

About the Author

Hakeem O. Yusuf is a lecturer in Law at Queen's University, Belfast.

About the Series

Transitional Justice

The study of transitional justice has emerged as one of the most diverse and intellectual exciting developments in the social sciences in the last two decades. From its origins in human rights activism and comparative political science the field is increasingly characterised by its geographic and disciplinary breadth. Routledge’s Transitional Justice series publishes innovative work across a range of disciplines working on transitional justice related topics: including law, sociology, criminology, psychology, anthropology, political science, development studies and international relations.

The series includes titles which address larger theoretical questions on transitional justice, including the intersection of notions such as justice, truth, accountability, impunity and the construction of transitional justice knowledge. It also contains critical and theoretically informed empirical work on the workings of institutions such as truth commissions, community based reconciliation, victim empowerment, ex-combatant demobilisation, or regional discussions on practical programmes in particular areas. Finally, the series covers the legal aspects of transitional justice; although, avoiding dry, overly technical or dull legal texts, it specialises in a style of legal scholarship that reflects the energy and vitality of this exciting field.

For further details on the series please contact the Series Editor.

Kieran McEvoy

Professor of Law and Transitional Justice

School of Law

Queens University Belfast

BT7 1NN

44 (0) 2890973873

k.mcevoy@qub.ac.uk

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General
LAW017000
LAW / Conflict of Laws
LAW051000
LAW / International
LAW052000
LAW / Jurisprudence
POL034000
POLITICAL SCIENCE / Peace