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Scales of Memory – Constitutional Justice and Historical Evil - Oxford Scholarship Online
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Scales of Memory: Constitutional Justice and Historical Evil

Justin Collings

Abstract

Since the Second World War, constitutional justice has spread through much of the democratic world. Often it has followed in the wake of national calamity and historical evil—whether fascism or communism, colonialism or apartheid. Unsurprisingly, the memory of such evils plays a prominent role in constitutional adjudication. This book explores the intersection of constitutional justice and collective memory. It focuses on three jurisdictions—the United States, Germany, and South Africa—and on three towering evils—Nazism, apartheid, and slavery. It argues that courts tend to approach historic e ... More

Keywords: constitutional courts, judicial review, collective memory, constitutional patriotism, constitutional identity, comparative constitutional law, Germany, South Africa, United States, Nazism, apartheid, slavery

Bibliographic Information

Print publication date: 2021 Print ISBN-13: 9780198858850
Published to Oxford Scholarship Online: February 2021 DOI:10.1093/oso/9780198858850.001.0001

Authors

Affiliations are at time of print publication.

Justin Collings, author
Professor of Law, Brigham Young University