Democracy Without Justice in Spain - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Democracy Without Justice in Spain write by Omar G. Encarnacion. This book was released on 2014-01-11. Democracy Without Justice in Spain available in PDF, EPUB and Kindle. Spain is a notable exception to the implicit rules of late twentieth-century democratization: after the death of General Francisco Franco in 1975, the recovering nation began to consolidate democracy without enacting any of the mechanisms promoted by the international transitional justice movement. There were no political trials, no truth and reconciliation commissions, no formal attributions of blame, and no apologies. Instead, Spain's national parties negotiated the Pact of Forgetting, an agreement intended to place the bloody Spanish Civil War and the authoritarian excesses of the Franco dictatorship firmly in the past, not to be revisited even in conversation. Formalized by an amnesty law in 1977, this agreement defies the conventional wisdom that considers retribution and reconciliation vital to rebuilding a stable nation. Although not without its dark side, such as the silence imposed upon the victims of the Civil War and the dictatorship, the Pact of Forgetting allowed for the peaceful emergence of a democratic state, one with remarkable political stability and even a reputation as a trailblazer for the national rights and protections of minority groups. Omar G. Encarnación examines the factors in Spanish political history that made the Pact of Forgetting possible, tracing the challenges and consequences of sustaining the agreement until its dramatic reversal with the 2007 Law of Historical Memory. The combined forces of a collective will to avoid revisiting the traumas of a difficult and painful past and the reliance on the reformed political institutions of the old regime to anchor the democratic transition created a climate conducive to forgetting. At the same time, the political movement to forget encouraged the embrace of a new national identity as a modern and democratic European state. Demonstrating the surprising compatibility of forgetting and democracy, Democratization Without Justice in Spain offers a crucial counterexample to the transitional justice movement. The refusal to confront and redress the past did not inhibit the rise of a successful democracy in Spain; on the contrary, by leaving the past behind, Spain chose not to repeat it.
Historical Memory and Criminal Justice in Spain
Historical Memory and Criminal Justice in Spain - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Historical Memory and Criminal Justice in Spain write by Josep Maria Tamarit Sumalla. This book was released on 2013. Historical Memory and Criminal Justice in Spain available in PDF, EPUB and Kindle. This book analyses, above all, the laws, policies and judicial decisions adopted in Spain that were related to the construction of the past and could therefore be understood as measures of transitional justice. By comparing this experience with transitional decisions adopted in other countries, the book highlights the main features of the Spanish case and the lessons that can be learned from it. Measures adopted during the transitional period, such as the amnesty and subsequent decisions aimed at giving some kind of partial reparation to the victims of the repression, are here studied. Demands for reviewing the past, the 2007 Act of Historical Memory, and the controversial use of criminal justice are also considered. Criminal Law is hardly applicable to the facts of the past, but the purely amnesic option can no longer be defended.
The Transition to Democracy in Spain
The Transition to Democracy in Spain - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Transition to Democracy in Spain write by José María Maravall. This book was released on 1982-01-01. The Transition to Democracy in Spain available in PDF, EPUB and Kindle.
Amnesties, Pardons and Transitional Justice
Amnesties, Pardons and Transitional Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Amnesties, Pardons and Transitional Justice write by Roldán Jimeno Aranguren. This book was released on 2018. Amnesties, Pardons and Transitional Justice available in PDF, EPUB and Kindle. In a consolidated democracy, amnesties and pardons do not sit well with equality and a separation of powers; however, these measures have proved useful in extreme circumstances such as transitions from dictatorships to democracies. Focusing on Spain, this book analyses its transition, from 1936 to the present, within a comparative European context.
Post-transitional Justice?
Post-transitional Justice? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Post-transitional Justice? write by Filipa Alves Raimundo. This book was released on 2012. Post-transitional Justice? available in PDF, EPUB and Kindle. This dissertation elaborates on a new concept - post-transitional justice - to define the re-emergence of the issues of the authoritarian past onto the political agenda after democratic consolidation. The thesis sets out to understand the reasons why the past is coming back in certain consolidated democracies and not in others. It argues that in order to understand why these issues return to the agenda it is necessary to analyze them in light of the politico-institutional characteristics of each post-authoritarian democracy. The results suggest that 'political willingness' and 'institutional capacity', as they have been theorized in this research, are two strong factors that help explain the link between the 'politics of the past' and the 'politics of the present'. The analysis of the two positive and one negative case have shown that the past returns to the political agenda because parties aim to change the dominant narrative of the past, but also the narrative of the transition and of the transitional justice process. The absence of post-transitional justice may result from either lack of willingness or capacity, but while the latter may represent a short-term constraint, the former is likely to be more structural and therefore more enduring. Hence, understanding the qualitative dimensions of 'willingness' to bring back the past (or the lack thereof) seems to lead to a more solid knowledge about the ongoing impact of authoritarian legacies in consolidated democracies. There are two major conclusions to be drawn from these cases: first, post-transitional justice seems to be more likely to occur when democracy emerges from a negotiated transition instead of a clear break with the past; second, post-transitional justice seems to be more likely to occur when the former elite has been legitimized in the new regime and has had formal access to government.
