Про яскравий випадок невизначеності, або Правосуддя перехідного періоду і верховенство права

Abstract

The aim of the paper is to describe relation between transitional justice and rule of law. The author starts with the analyses of genesis of two discourses transitional justice and rule of law. He claims that both of them started long time ago with human rights discourse and democracy. At present democracy has been replaced by rule of law discourse. There is internal paradox and tension between transitional justice which means adoption of mechanisms to replace traditional justice in countries in transitional and rule of law. When rule of law is based on autonomy of law form politics, transitional justice is extension of political will. When rule of law is focus on stability and not instrumental use of legal institutions something totally opposite is connected with transitional justice. The author suggest that what is needed is theoretical reconceptualization of rule of law.