CHAPTER SIX
Constitutional Justice

This chapter turns to the nature and role of constitutionalism in periods of political change. The central dilemma is how to reconcile the concept of constitutionalism with revolution: Revolutionary periods and their aftermath are times of political flux and, as such, present tensions with constitutionalism, which is ordinarily considered to bind an enduring political order. Consider the prevailing conception of the relation of constitutional to political change and, in particular, the modern claim for constitutionalism as foundational to democracy. This model, it is argued here, best describes an eighteenth-century view of the relation of the constitutional to the political; hence it cannot capture the constitutional developments associated with political change during the last half century and, as such, needs to be supplemented. 1 This chapter explores contemporary manifestations of constitutionalism, particularly of the last wave of substantial political change, and contends that these give rise to another paradigm of transitional constitutionalism, providing an alternative account of constitutionalism in its third century. The alternative paradigm proposed here should have ramifications beyond the transition for prevailing understandings of constitutionalism, judicial review, and relevant interpretative principles.

Constitutionalism in periods of political change it is contended stands in "constructivist" relation to the prevailing political order. Transitional constitutionalism not only is constituted by the prevailing political order but also is constitutive of political change. This is the constitutional document's constructivist role. Transitional constitutions arise in a variety of processes, often playing multiple roles: serving conventional constitutions' purposes, as well as having other more radical purposes in transformative politics. Transitional constitution making is also responsive to prior rule, through principles that critically refine the prevailing political system, effecting further political change in the system. Transitional constitutions are simultaneously backward- and forward-looking, informed by a conception of constitutional justice that is distinctively transitional.

-191-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited page

Bookmark this page
Transitional Justice
Table of contents

Table of contents

  • Title Page iii
  • Preface vii
  • Contents xi
  • Introduction 3
  • Chapter One - the Rule of Law in Transition 11
  • Chapter Two - Criminal Justice 27
  • Chapter Three - Historical Justice 69
  • Chapter Four - Reparatory Justice 119
  • Chapter Five - Administrative Justice 149
  • Chapter Six - Constitutional Justice 191
  • Chapter Seven - Toward a Theory of Transitional Justice 213
  • Epilogue 229
  • Notes 231
  • Index 285
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this book
  • Bookmarks
  • Highlights & Notes
  • Citations
/ 294

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.