Article

Constitutionalism and Transitional Justice

Juan E. Méndez

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0063

Series: Oxford Handbooks in Law

Constitutionalism and Transitional Justice

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This article seeks to bring to the foreground the factors that surround the meeting of transitional justice and constitutionalism within the wider perspective of viewing each as a means towards a common end. Constitutional processes and norms weave themselves intricately into the matrices of transitional justice, which are heavily influenced by evolving norms in international law, even though they are to be implemented domestically. This interaction between two normative frameworks and spheres of influence — one domestic, the other international — has become increasingly evident, highlighting the need for further examination.

Keywords: transitional justice; constitutionalism; international law; constitutional norms

Article.  9949 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law

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