The contribution of transitional justice measures to constitution-building processes: case studies.

A comparison of case studies of the experiences of older, established democracies, like Spain and Italy, where transitional justice considerations were not included in the process of transformation to democracy, with more recent transitional societies, like Tunisia and Nepal, where transitional justice was supposed to be a critical element of the process of change but has ultimately failed to inform the development of new Constitutions. What are the factors that explain the different experiences of these societies? What do these differences tell us about the ways in which efforts meant to address the past should be integrated with those meant to build future constitutional frameworks?

(University of Milano-Bicocca, Italy)