The role and significance of constitutional reforms in the evolution of transitional justice.

The evolution of transitional justice and expectations of its transformative impact have forged an understanding among scholars and practitioners that the field should not be separated from processes of constitution-building in relevant societies. While transitional justice remedies have long been seen to encompass institutions and measures deputed to address gross violations of human rights, and electoral processes and constitution drafting or revision to represent mechanisms for the establishment of a new political system, the inherent connections between the two have begun to receive more attention. What are the factors that progressively highlight how constitutions remain the most important response to a fractured social contract in contexts of massive violations of human rights? What has contributed to the emerging understanding that any process of redress and reform should form the basis for negotiation and agreement of the fundamental charter of the new State?
(ICTJ, NY)