'Is little to be gained by lamenting the past?' : Assessing the extent to which addressing the past legacy of the South African and Kenyan judiciaries by means of transitional justice mechanisms, has contributed to achieving the objectives of judicia

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dc.contributor.advisorCorder, Hughen_ZA
dc.contributor.authorBoast, Jessicaen_ZA
dc.date.accessioned2014-09-02T09:50:28Z
dc.date.available2014-09-02T09:50:28Z
dc.date.issued2014en_ZA
dc.description.abstractThe purpose of this dissertation is to determine whether it is important for the future development of legal systems in post-authoritarian or post-conflict states to confront the unjust past legacy of their judiciaries. In order to determine this, one has to assess the extent to which addressing the unjust past legacy of such judiciaries, by means of transitional justice mechanisms, has contributed to achieving the objectives of judicial reform is these contexts. This is accomplished by firstly, analysing the contribution of the TRC Legal Hearing to judicial reform in post-Apartheid South Africa. Secondly, the contribution which the vetting of the Kenyan judiciary made to achieving judicial reform in Kenya after the 2007 Election crisis is assessed. In both circumstances, the final contributions of these transitional justice mechanisms to achieving the objectives of judicial reform are weighed against the contributions of other mechanisms. It is argued that both the transitional justice mechanisms of truth commissions and judicial vetting contributed to achieving objectives of judicial reform in South Africa and Kenya. However, the extent of the contributions differed in each case because of unique political factors. It is concluded that confronting the unjust past legacy of judiciaries in post-authoritarian and post-conflict states is indeed important for the future development of their legal systems.en_ZA
dc.identifier.apacitationBoast, J. (2014). <i>'Is little to be gained by lamenting the past?' : Assessing the extent to which addressing the past legacy of the South African and Kenyan judiciaries by means of transitional justice mechanisms, has contributed to achieving the objectives of judicia</i>. (Thesis). University of Cape Town ,Faculty of Humanities ,Department of Political Studies. Retrieved from http://hdl.handle.net/11427/6817en_ZA
dc.identifier.chicagocitationBoast, Jessica. <i>"'Is little to be gained by lamenting the past?' : Assessing the extent to which addressing the past legacy of the South African and Kenyan judiciaries by means of transitional justice mechanisms, has contributed to achieving the objectives of judicia."</i> Thesis., University of Cape Town ,Faculty of Humanities ,Department of Political Studies, 2014. http://hdl.handle.net/11427/6817en_ZA
dc.identifier.citationBoast, J. 2014. 'Is little to be gained by lamenting the past?' : Assessing the extent to which addressing the past legacy of the South African and Kenyan judiciaries by means of transitional justice mechanisms, has contributed to achieving the objectives of judicia. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Boast, Jessica AB - The purpose of this dissertation is to determine whether it is important for the future development of legal systems in post-authoritarian or post-conflict states to confront the unjust past legacy of their judiciaries. In order to determine this, one has to assess the extent to which addressing the unjust past legacy of such judiciaries, by means of transitional justice mechanisms, has contributed to achieving the objectives of judicial reform is these contexts. This is accomplished by firstly, analysing the contribution of the TRC Legal Hearing to judicial reform in post-Apartheid South Africa. Secondly, the contribution which the vetting of the Kenyan judiciary made to achieving judicial reform in Kenya after the 2007 Election crisis is assessed. In both circumstances, the final contributions of these transitional justice mechanisms to achieving the objectives of judicial reform are weighed against the contributions of other mechanisms. It is argued that both the transitional justice mechanisms of truth commissions and judicial vetting contributed to achieving objectives of judicial reform in South Africa and Kenya. However, the extent of the contributions differed in each case because of unique political factors. It is concluded that confronting the unjust past legacy of judiciaries in post-authoritarian and post-conflict states is indeed important for the future development of their legal systems. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - 'Is little to be gained by lamenting the past?' : Assessing the extent to which addressing the past legacy of the South African and Kenyan judiciaries by means of transitional justice mechanisms, has contributed to achieving the objectives of judicia TI - 'Is little to be gained by lamenting the past?' : Assessing the extent to which addressing the past legacy of the South African and Kenyan judiciaries by means of transitional justice mechanisms, has contributed to achieving the objectives of judicia UR - http://hdl.handle.net/11427/6817 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/6817
dc.identifier.vancouvercitationBoast J. 'Is little to be gained by lamenting the past?' : Assessing the extent to which addressing the past legacy of the South African and Kenyan judiciaries by means of transitional justice mechanisms, has contributed to achieving the objectives of judicia. [Thesis]. University of Cape Town ,Faculty of Humanities ,Department of Political Studies, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/6817en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Political Studiesen_ZA
dc.publisher.facultyFaculty of Humanitiesen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.title'Is little to be gained by lamenting the past?' : Assessing the extent to which addressing the past legacy of the South African and Kenyan judiciaries by means of transitional justice mechanisms, has contributed to achieving the objectives of judiciaen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMPhilen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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