Memory Laws

Bloomsbury History: Theory and Method (2022)

31 Pages Posted: 27 May 2022

See all articles by Marina Bán

Marina Bán

University of Copenhagen

Uladzislau Belavusau

T.M.C. Asser Institute - University of Amsterdam; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: May 9, 2022

Abstract

This entry provides an ample and detailed analysis on the emerging phenomenon of memory laws. It outlines how these legal measures, the symbols of interaction between history and law, have developed in the last two centuries and how their scope have drastically expanded. It further reflects of the consequences of states’ growing reliance on the legal governance of historical memory. First, by tying memory laws to their impact on different fundamental rights, then by demonstrating how the increasing breadth and potential misuse of these provisions appears in debates around constitutionalism, citizenship and the rule of law. Finally, the contribution highlights how this initially European phenomenon have captured increasing attention around the world and what its future may hold.

Keywords: memory laws, history, memory, law, constitutionalism, populism, democracy

Suggested Citation

Bán, Marina and Belavusau, Uladzislau, Memory Laws (May 9, 2022). Bloomsbury History: Theory and Method (2022), Available at SSRN: https://ssrn.com/abstract=4104552

Marina Bán

University of Copenhagen ( email )

Nørregade 10
Copenhagen, København DK-1165
Denmark

Uladzislau Belavusau (Contact Author)

T.M.C. Asser Institute - University of Amsterdam ( email )

R.J. Schimmelpennincklaan 20-22
The Hague, 2517 JN
Netherlands

HOME PAGE: http://www.uva.nl/en/profile/b/e/u.belavusau/u.belavusau.html

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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