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This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past

This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.

This article argues that contemporary syndromes of constitutional dysfunction do not solely stem from the failures of the controlling executive power. Rather, the tendency of chief executives' appropriation of power is largely due to the fact that the institutional logic of executive power makes them do so. To govern, the chief executive needs to run the government with power, either political or constitutional. These powers are not always enumerated in the constitution, but would still be regarded as constitutional. This paper argues that the idea of taming unenumerated executive powers by definite constitutional language and text is mostly futile. Drawing from recent cases of constitutional controversies in Japan, Taiwan, and Poland, this article suggests that unenumerated powers which cannot be checked by constitutional mechanisms are the cause of the expansion of executive primacy in constitutional democracies. Following the case studies, this article analyzes the nature and problems of unenumerated powers of the executive. Building on the taxonomy proposed by Louis Fisher, the article argues that unenumerated powers are analogous to the "implied powers" in Fisher's discussion. It must be affiliated with formal constitutional authority, but its scope would spontaneously expand if there were no sensible constraints on the use of unenumerated powers. Political actors take advantage of the fuzziness of unenumerated powers as a means of expanding their power. In democratic systems, the judicial branch is usually called upon to resolve boundary issues. As such, populist politicians often seek to control the court immediately after taking office, which in order to temper this threat, and ultimately this action contributes to the re-emergence of executive primacy.

Medicare is the most important publicly financed insurance programme in the US, with an annual budget at $500 billion or higher. It covers the majority of the inpatient, outpatient and prescription drugs expenditures of the seniors from age sixty-five until death. Using nationally representative data of current Medicare beneficiaries, this study estimated the dynamic relationship among gender, race, body weight, height, longevity, and lifetime Medicare expenditure. Next, we projected the trajectories of the total financial influence of demographic and biological changes in retirees on Medicare in the future. We found the increasing proportion of African Americans will lead to disproportionately lower lifetime Medicare expenditures per capita, due to racial disparities in longevity and access to outpatient care, but expect such disparities to decrease in the future. We also found the financial burden of obesity could be magnified by the increasing obesity rates among the white population.

PurposeThis study aims to investigate the relationship between person-role conflict, psychological capital and emotional exhaustion. Specifically, the research explores how person-role conflict magnified due to daily contact with COVID-19 carriers leads doctors and nurses to experience emotional exhaustion. Moreover, psychological capital function as an explanatory mechanism between stressor strain relationships has also been tested.Design/methodology/approachThe study results are based on three months of lagged data conducted from the sample of 347 frontline physicians and nurses who provide treatment and care to infected people. To test direct, indirect and total effect, the author's used PROCESS Macro.FindingsThe results suggested that person-role conflict reduces state-like psychological capital and increases emotional exhaustion through reduced psychological capital. Results aligned with the model's expectations in that psychological capital mediated the relationship between person-role conflict and emotional exhaustion, and the mediation was partial.Originality/valueThis paper is the first one that tested the link between person-role conflict and emotional exhaustion. Moreover, up till now, no study has examined the mediating role of psychological capital in the relationship between person-role conflict and emotional exhaustion. Finally, in the context of the contagion outbreak, this is the preliminary effort that validated the resource loss cycle principle of conservation of resource theory.