Class meets September 30 through October 28, 2016.
From even before the famed Hammurabi code of 18th C. BCE to the world’s most recent constitution adopted in Nepal last year, leaders and publics have grappled with how law and justice should guide the state, its officials, and its citizens. As the rule of law has evolved over time, some principles—like ensuring a government bound by law—have been espoused so universally as to now be uncontroversial requisites for any system professing adherence to the rule of law. Yet many issues impacting the rule of law remain heavily debated: Can elements from varied legal traditions—civil, common, Islamic, or customary law—be integrated in ways that provide the clarity and predictability required of the rule of law? How should laws and institutions be structured to manage societies with ethnic or sectarian divisions? Should certain groups be guaranteed representation in government? Such issues of legal certainty, representation, and just distribution of power are central to any liberal democracy, but they are perhaps particularly so in societies rebuilding after conflict.
This course explores the central question of how to promote the rule of law in countries transitioning from conflict. It provides a solid grounding in academic and policy literature on key aspects of rule of law promotion, including transitional justice, constitutional development, legal reform, and institutional reform (particularly those to promote democratic policing and judicial accountability). The course will cover best practices and case examples in each of these areas of rule of law promotion.