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3 - The Foundation of Transitional Governance

from Part II - Foundation and Actors of Transitional Governance * Sources of Ius in Interregno

Published online by Cambridge University Press:  10 September 2020

Emmanuel H. D. De Groof
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Summary

As to the foundation of TG, TI come in all sorts of shapes and sizes. They are enshrined in international treaties, intrastate agreements or domestic legal acts and laws. The TI we examined however share a number of features. First, their origin or common ‘breeding ground’: non-constitutionality. As a central feature of contemporary TG, non-constitutionality calls for nuanced analysis as TG progressing in stages can be ‘interim-constitution-based’. Second, the method of supraconstitutionality, allowing TI to (partly) supersede, if only temporarily, both the previous and coming constitutional order. Supraconstitutionality then serves as a catalyser for the third common feature of TI: the triple purpose of pacification, self-limitation, and reconstitutionalisation.

Keywords

Constituent transition instrumentsintrastate agreementsinterim constitutionsinternational agreementsnon-constitutionalityneutrality of international lawsupraconstitutionalitytransformative constitutionalismpeace through transitioninterim ruleconstitutional reconfiguration.
Type
Chapter
Information
State Renaissance for Peace
Transitional Governance under International Law
 , pp. 81 - 113
Publisher: Cambridge University Press
Print publication year: 2020

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