Lustration laws in action : the motives and evaluation of lustration policy in the Czech Republic and Poland (1989-2001)

Document Type

Journal article

Source Publication

Law and Social Inquiry

Publication Date

4-1-2003

Volume

28

Issue

2

First Page

387

Last Page

439

Abstract

Lustration laws, which discharge the influence of old power structures upon entering democracies, are considered most controversial measure of transitional justice. This article suggests that initial examinations of lustrations have often overlooked the tremendous challenges faced by new democracies. It identifies the motives behind the approval of distinctive lustration law in the Czech Republic and Poland, examines their capacity to meet their objectives, and determines the factors that influence their performance. The comparison of the Czech semi-retributive model with the Polish semi-reconciliatory model suggests the relative success of the former within a few years following its approval. It concludes that a certain lustration model might be significant for democratic consolidation in other transitional countries.

DOI

10.1111/j.1747-4469.2003.tb00197.x

Print ISSN

08976546

E-ISSN

1545696X

Publisher Statement

Copyright © 2003 American Bar Foundation

Access to external full text or publisher's version may require subscription.

Full-text Version

Publisher’s Version

Language

English

Recommended Citation

David, R. (2003). Lustration laws in action: The motives and evaluation of lustration policy in the Czech Republic and Poland (1989-2001). Law and Social Inquiry, 28(2), 387-439. doi: 10.1111/j.1747-4469.2003.tb00197.x

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