Abstract

There are internationally set criteria that apply in the case of a legacy of grave and systematic violations of human rights, generating obligations of the state towards the victims and society. They specify: (1) a right of the victim to see justice done, (2) a right to know the truth, (3) an entitlement to com- pensation and nonmonetary forms of restitution, as well as (4) a right to reor- ganized and accountable institutions. Facing the complete failure of imple- menting the first three points, one can claim that none of them has been ful - filled in Hungary since the fall of Communism, almost one quarter of a cen - tury ago. This paper analyses the context in which constitutional adjudication may confront certainty of law with the very idea of justice by putting an end to any progress of leaving the legacy of Communism behind. As a conse- quence, the Rule of Law becomes a mere simulacrum.

Full Text
Published version (Free)

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call