Erin Daly

Transitional Justice in Iraq: Learning the Hard Way

The relationship between transitional justice and democracy is fraught and complex, and nowhere more so than in Iraq since the fall of Saddam Hussein. Iraq has experienced a range of transitional justice initiatives, including the trial and execution of its former leader, purges from the civil service and the military, and a series of reconciliation conferences. And yet, democracy has not fully taken root and violence continues to plague many parts of the nation on a regular basis. This article argues that initiatives aimed at changing the structure of society -- including but not limited to constitutionalism, frequent elections, and the development of an independent judiciary -- are more likely than purely symbolic efforts to contribute to the consolidation of democracy in the long term. It is these structural developments have the greatest potential to transform society into a true democracy under the rule of law. The full article will appear in Israel Law Review published by Cambridge University Press. Copyright Cambridge University Press.

TEN GOOD PRACTICES IN ENVIRONMENTAL CONSTITUTIONALISM: STRUCTURE, TEXT AND JUSTICIABILITY

Environmental constitutionalism is a relatively recent phenomenon at the confluence of constitutional law, international law, human rights, and environmental law. It embodies the recognition that the environment is a proper subject for protection in constitutional texts and for vindication by constitutional courts worldwide. This White Paper posits ten “good practices” – those attributes that make effective outcomes more likely, but not assured – in environmental constitutionalism for advancing positive environmental outcomes considering energy, and governance and sustainability.Good practices in environmental constitutionalism can serve as a useful construct for considering the relationship between sustainability, energy and governance. Accordingly, Section A examines the ten practices that are consequential for effectuating environmental constitutionalism and positive environmental outcomes. Section B then explains how the Robinson Township decision out of the Commonwealth of Pennsylvania in the United States provides a recent example just how good practices can have a positive impact on environmental outcomes in practice.

Ten Good Practices in Environmental Constitutionalism that Can Contribute to Sustainable Shale Gas Development

Unconventional shale gas development is occurring at a breakneck pace, principally in North America, with vast reserves elsewhere. This development has placed new and unorthodox stresses on traditional environmental governance paradigms. Environmental constitutionalism offers an additional tool for engaging in sustainable practices in the development of shale gas. We identify ten ‘good practices’ in environmental constitutionalism including: situating it in systems amenable to social, economic and cultural rights, and those with civil law traditions; clearly articulating a positive individual or collective right; making provisions self-executing; aligning substantive, policy-based and procedural provisions; recognizing sustainability, public trust, climate and biocentrism; scaffolding additional statutory and regulatory means to implement constitutional prerogatives; liberalizing access to judicial vindication; combining national and sub-national environmental constitutionalism; adopting constitutional rights to information, participation and access to justice in environmental matters; and developing quality jurisprudence in environmental constitutionalism. Spotlighting the recently-decided Robinson Township decision from the Pennsylvania Supreme Court in the United States as an exemplar, we conclude that environmental constitutionalism can play a key role in promoting sustainable development of unconventional shale gas reserves, if at all.

Global environmental constitutionalism: a rights-based primer for effective strategies

The constitutions of about three-quarters of nations worldwide address environmental matters in some fashion. The content of these constitutional provisions vary widely; some include a commitment to environmental stewardship, while others recognize a basic right to a quality environment or ensure a right to information, participation, and justice in environmental matters. This chapter provides an introduction to and overview of the field of global environmental constitutionalism. It surveys the variety of environmental provisions in national and subnational constitutions and examines several key challenges in implementation and adjudication. Ultimately, constitutional law fosters a comprehensive and holistic approach to the challenge of environmental protection because it facilitates a wide range of legal tools and because constitutionalism is closely tied with the basic principles of a society and the legitimacy of the sovereign in decisionmaking.

A Review of When Blood and Bones Cry Out: Journeys Through the Soundscape of Healing and Reconciliation

This is a thought-provoking and unusual book that could only be written by veterans with as much wisdom and experience as John Paul Lederach and his daughter, Angela Jill Lederach. It embodies both their frustration and hope as they reflect on the work to which they have devoted their lives as conciliators and peacebuilders in communities throughout the world. The frustration is borne of the persistent mismatch between the experiences of those who live through violence and trauma and the expectations that peace-builders and others have that reconciliation can be achieved in a direct and orderly way. The hope springs from the possibility of finding a better way. This book is certainly an act of imagination that invites us to rethink, recreate, and re-imagine the opportunities of peacebuilding.