Transitional Justice is a legal approach to establishing a society´s transition from an authoritarian regime that systematically violated human rights to a democratic regime respectful of human rights. Jurists and political analysts observe that the various forms of this approach are often flawed in their ability to provide justice in the strictest meaning of the term. Many of the same observers also maintain that although transitional justice is imperfect, it is a necessary political attempt to negotiate between a duty to the past and a duty to the future.
Traditionally, in an authoritarian state there is an opposition group that promises to do away with human rights abuses, and provide social justice. When this opposition group gains the favor of the masses and topples the regime it is then required to fulfill this pledge. That is the point in time where many theorists believe the new regime must show it is honoring its obligations and duty to the past, therefore, it must negotiate between justice and political needs. Some measures prove more successful than others, but all become necessary to some extent or another to legitimize the new regime.
