Legal Overcoming of Past (Rechtsbeugung) - Year Three Cover Image

Pravno savladavanje prošlosti - Godina treća
Legal Overcoming of Past (Rechtsbeugung) - Year Three

Author(s): Vladimir V. Vodinelić
Subject(s): Law, Constitution, Jurisprudence
Published by: Centar za unapređivanje pravnih studija
Keywords: non-Rechtstaat; legal overcoming of authoritarian past; rule of law

Summary/Abstract: Analysing, from the standpoint of legal overcoming of the past, both the actions of the new government undertaken in the first year after October 2000, and the things this government has not initiated or even announced, one does not get the impression that such actions and failures to act are based on a well-perceived and rounded concept of policy regarding the legal overcoming of the past, whether such policy be to forget or to remember. At any rate, no such concept has been made public, and hence the way in which the government had (if so!) set the course between the „Scylla of memory and Charybdis of oblivion" is a not a public matter. Members of the present government have failed to announce an overall legal overcoming of the past in the above-mentioned published programme from the opposition phase before October 2000. What happened then - a combination of armed peoples' revolution and some elements of coupe d'etat (arrangements with important members of police and armed forces), its second part in particular, contributes to certain inconsistencies and the porous nature of the subsequent policy towards the past.

  • Issue Year: 2003
  • Issue No: 1
  • Page Range: 13-30
  • Page Count: 18
  • Language: Serbian