Transitional Justice and Legacies for Rule of Law and Judicial Independence

In the wake of authoritarian rule and violent conflict, a range of transitional justice measures have been developed by the international community, national elites, and local actors. A wide variety of arguments in favor of such mechanisms have been adduced, including their value to victims, to social reconciliation, to peace, and to democracy and human rights. There is a vibrant debate amongst qualitative and quantitative scholars as to the actual impact of such measures on any of these desired dependent variables. This paper will take a fresh look at one key facet, the impact of such measures on rule of law and judicial independence. This will be a comparative inquiry, drawing upon past and current fieldwork in Africa, Asia, and Latin America, as part of a project which will also encompass studies in Eastern Europe. It will take a long view at such impact, examining countries which have passed through one or more transitions at least 10 years ago, and focusing on specific indicators of rule of law and judicial independence.