La constitutionnalisation de la justice transitionnelle

Abstract

In this article we will analyze the relationship between transitional justice and constitutional transitions. The writing process of a new constitution, or its amendment, is at the center of any democratic transition process. The Constitution, indeed, will determine the normative framework where transitional policies will be confronted, and, therefore, ensuring their legitimacy as well as consistency through a holistic and comprehensive approach. Whereas the logic of these two processes seems distant, as transitional justice is substantially provisional and limited in time while the Constitution instead is permanent and timeless, a common denominator prevails: the (re) construction of a new Rule of Law.