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<p>Transitional provisions are a key device for managing institutional transformation in new constitutional orders. We analyze transitional provisions through the lens of the intertemporal assessment of who will hold power under the new constitution. The role, scope and enforceability of transitional provisions will be different when parties to the constitutional bargain expect that they and their allies are likely to be in power, as opposed to when the relationship between drafters and prospective implementers is one of uncertainty, distrust or both. We illustrate our argument with case studies from Kenya, Brazil, Colombia and Nepal.</p>

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Enforceable transitional provisions in national constitutions

  • 期刊论文

  • 出版模式：

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  • 发表日期：

    2025年12月6日

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  • Sumit Bisarya,
  • Tom Ginsburg

摘要

Transitional provisions are a key device for managing institutional transformation in new constitutional orders. We analyze transitional provisions through the lens of the intertemporal assessment of who will hold power under the new constitution. The role, scope and enforceability of transitional provisions will be different when parties to the constitutional bargain expect that they and their allies are likely to be in power, as opposed to when the relationship between drafters and prospective implementers is one of uncertainty, distrust or both. We illustrate our argument with case studies from Kenya, Brazil, Colombia and Nepal.