Document Type

Article

Publication Date

2025

Abstract

This chapter addresses the relationship of constitutionalism in periods of political transition. Comparative analysis of a number of case studies points to a dynamic relationship whereby constitutional change can lead political change; whereas, in others, political transformation precedes constitutional change and involves institutions of constitutional interpretation. Constitutional courts have played important interpretive roles in this project, often supporting transitional projects of peacemaking and transformative politics with enduring constitutional values. Moreover, these constitutional moments are tied to distinctive understandings of peace and transitional justice.

Comments

Chapter 12 in Constitutional Interpretation: Research Handbooks in Comparative Constitutional Law series (Sujit Choudry, Catherine O’Regan, and Carlos BernalPulido, eds., Edward Elgar Publishing Ltd., 2025,) 

https://www.elgaronline.com/edcollchap/book/9781800371743/chapter12.xml?rskey=qsGYnZ&result=1 

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