The Judiciary and Constitutional Transitions

31
This publication is only available in electronic format
Published: 
18 September 2016
Language: 
English
Pages: 
32
Author(s): 
Tom Gerald Daly

Judiciaries have become increasingly important actors in constitution-making and democracy-building, whether a state seeks to strengthen democracy or transition from undemocratic to democratic rule.

On 14–15 November 2014 the International Institute for Democracy and Electoral Assistance (International IDEA) and the International Development Law Organization (IDLO) jointly hosted a framing workshop in The Hague to discuss the role of the judiciary in constitutional transitions.

The workshop provided a forum for policymakers, judges and scholars to share experiences between jurisdictions in order to deepen understanding of the roles judiciaries have played in past and present transitions. Its objective was to generate dialogue on common and distinct challenges, successes and lessons learned. 

Contents

1. Introduction   

2. How the constitution transforms the judiciary        

3. Strategic behaviour on the part of the judiciary        

4. The judiciary as an engine for social justice

5. Preliminary conclusions 

References                     

Annex. Agenda    

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