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Law

Why Constitutional Courts Face Legitimacy Dilemmas During Transitional Justice

Quick fact

In post-communist Eastern Europe, constitutional courts faced the impossible task of reviewing laws that had been used to persecute citizens—overturning them risked destabilizing the transition, but upholding them undermined the court's moral authority.

Why this is interesting

When a country turns a page on authoritarian rule, we expect its highest court to guard justice. But what if the very law that court must enforce was written by the oppressors?