Constitutionalism of Transition

Abstract

Existing legal and constitutional principles face great challenge during transition. As the revolution seek to leave behind the former values that are repugnant to new transformation, and embrace new principles, there lies great difficulty in reconciling new values with the deep rooted and relatively universally recognized principles. Which may also result into a possible conflict in principle, between generally recognized values of constitutionalism and constitutionalism in context of transition (transitional constitutional). During transition constitutional lawyers’ chief job is to find way for the reconciliation of revolution with constitutionalism, transitional justice in particular pose great difficulty in this task. So during transition constitutionalism may take somewhat unconventional form and may connote unconventional meaning in the form of transitional constitutionalism. However, this unconventionality of the transitional constitutionalism is required for the transformation sought during popular revolution because it creates necessary foundations of transformation

Keywords: Constitutionalism, Transition, Transitional Justice, Apurba Khatiwada