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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.

Informalizing informal rule making / Richard Murphy -- Is the U.S. Supreme Court becoming hostile to the administrative state? / Jeffrey S. Lubbers -- Renovating administrative procedure : an impressionistic guide to the American experience / Peter L. Strauss -- Agency coordination as agency action / Robert B. Ahdieh -- Tradition and renewal of administrative ex ante controls of legality : the case of Toma de Razâon in Chile / Gabriel Bocksang Hola -- A misinterpretation or a productive diversion? The rise and fall of the "relationship of reciprocal interchangeability" concept and the possibility of reception of a legal interpretation / Narufumi Kadomatsu -- Two conundrums of Canadian administrative law and a theoretical turn / Hoi L. Turn -- Recent developments in administrative law : the tremors of March 9, 2015 / Peter L. Strauss -- Proceeding without an Administrative Procedure Act : the Australian story / Margaret Allars -- The constitution as a primary Administrative Procedure Act in Chilean law / Gabriel Bocksang Hola -- Administrative searches and the need for reform / Russell L. Weaver -- Taking "regulatory courts" seriously -a perspective from Japanese city planning law / Narufumi Kadomatsu -- Chevron with teeth : judicial deference and information elicitation / Cheng-Yi Huang -- The proliferation of administrative searches in the modern administrative state / Russell L. Weaver