Transition, Political Loyalties and the Order of the State

Hamilton, Michael (2011) Transition, Political Loyalties and the Order of the State. In: Transitional Jurisprudence and the ECHR: Justice, Politics and Rights. Cambridge University Press, pp. 151-184.

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Forty years after the European Convention on Human Rights (ECHR) was drafted, the political climate of the region was transformed. Fledgling democracies in post-communist Eurasia faced many challenges, including the need to earn the political loyalty previously demanded by the so-called Peoples’ democracies. Ensuring this loyalty entailed the reconfiguration of the public sphere and, to varying degrees, the selective restriction of core political rights. In turn, this reconfiguration resulted in new dynamics of inclusion and exclusion – the inclusion of those previously excluded from the political domain, and the exclusion of those who would seek a return to the past or might otherwise undermine democratic consolidation. Restrictions upon political rights included the dissolution of successor communist parties and other political associations, lustration laws designed to ensure discontinuity with the prior regime, and the exclusion of certain categories of individuals from running for or holding political office.

Item Type: Book Section
Faculty \ School: Faculty of Social Sciences > School of Law
Depositing User: Michael Hamilton
Date Deposited: 28 Feb 2013 11:07
Last Modified: 22 Oct 2022 23:47

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