Condemi Mottes, Eugenia (A.A. 2022/2023) Lustration as a vexata quaestio: a comparative empirical analysis through the transitional justice narrative. Tesi di Laurea in Public comparative law, Luiss Guido Carli, relatore Cristina Fasone, pp. 292. [Single Cycle Master's Degree Thesis]

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Abstract/Index

Transitional justice as the driver of democratic transition: ratio, means and objectives. Remedying justice with justice? Prerogatives of justice and emerging cornerstones in substantive and procedural guarantees: a victim-centered approach. The United Nations guidance note on a "naturally" expanded conception of protectable rights: case-law from the international criminal Court. The transitional justice toolkit: the five pillars, both a means and an end. Survey and experimental evidence: assessing tendencies of transitional responses to legacies of massive human rights violations. The call for a holistic approach to transitional justice. Vetting and lustration administrative policies: the (un)profitable experience of personnel overhaul. The historical waves of democratic transitions related with some form of administrative purge: outlining some (in)comparable patterns. Lustration and vetting: deeping a blurred differentiation. The phenomenon of personnel reform mechanisms: cui prodest? Experimental evidence on the impact of lustrating on trust: rebuilding confidence in government and tainted officials. "Revenge laws" as pièce de résistance of critical skepticism: misuses and proven failures. The relationship between lustration practices and democratization indices. The (hesitant) functionality of personnel reforms for the new democratic institutions. Lessons from the past: empirical findings on the impact on democratization. A democratic benchmarking. The challenged legality of lustration laws: rule of law concerns. Lawfulness: international and regional legal bases and bodies. An exegetical glimpse at the jurisprudential assessment. Legality or fariness? The procedural rule of law versus the substantial justice.

References

Bibliografia e sitografia: pp. 242-274.

Thesis Type:	Single Cycle Master's Degree Thesis
Institution:	Luiss Guido Carli
Degree Program:	Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01)
Chair:	Public comparative law
Thesis Supervisor:	Fasone, Cristina
Thesis Co-Supervisor:	Piccirilli, Giovanni
Academic Year:	2022/2023
Session:	Summer
Deposited by:	Alessandro Perfetti
Date Deposited:	27 Nov 2023 14:33
Last Modified:	27 Nov 2023 14:33
URI:	https://tesi.luiss.it/id/eprint/37079

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