A Precursor to Constitutionalism : The Role of Apex Courts in Normative Constitutional Transitions

Abstract

In light of an increase in the number of conflicts in recent decades, the (re)framing of post-conflict states has simultaneously seen a rise in the need for constitutionalism. The purpose of this book is to investigate and define the role of the judiciary during a normative transition. Drawing on constitution-making literature, case studies of specifically chosen countries (e.g. South Africa, Turkey and Egypt) and direct data from research on the field (i.e. descriptive statistical analysis), the study examines the effect of the judiciary on the entire transition. The project seeks to introduce legal scholars to new methodological approaches and to open up legal research to other disciplines and thus combines research methods and disciplines that are located in both law and social sciences. A normative analysis (i.e. from a legal perspective) of this topic is not only handy for future policy makers and law scholars but also contributes to create a basis of research for other disciplinesThe author of this book, Fabrizio E. Crameri is working as a public prosecutor of the Canton of Grisons (Switzerland). After studying law at the University of Fribourg (Switzerland), he worked as a research assistant at the Institute of Federalism (Switzerland), where he wrote his doctoral thesis.