Chapter 20. Transforming Justice, Reclaiming the Rule of Law: Legal Transition in Complex Power-sharing Agreements

Abstract

Central to any political transformation are the values, institutions, and practices of justice. They provide the legal means of guaranteeing the rights and equality promised in power-sharing agreements and are the independent bulwarks against repression and abuse of power that drive so many conflicts. This chapter focuses on the consideration of the 'administration of justice' upon the constitutions or constitutional frameworks laid down in the case studies and at the institutions and reforms created as a consequence. It makes a survey of the various indications of change in the administration of justice, such as the creation of a new constitution and a constitutional court and the institution of any other new courts or the restructuring of the courts system. Other indicators include changes to courts, the appointment of new judges, the creation of a judicial commission to consider those appointments, as well as other new legal institutions. Keywords: administration of justice; conflicts; constitutional framework; courts system; judicial commission; legal transition; power-sharing agreements; rule of law; transforming justice