Strengthening the Rule of Law: The Role of Courts and Lawyers in Constitutional Transition and Reform
Courts occupy a complex position during constitutional reform and transition. They may be called upon to interpret new constitutional frameworks, resolve disputes, enforce rights and help build public confidence in the rule of law, while also undergoing reform themselves—particularly where they have been associated with past oppression and abuses. Their authority depends not only on constitutional guarantees of independence, transparency and accountability, but also on their ability to build legitimacy, withstand political and public pressure, and secure compliance with their decisions.
Lawyers and bar associations play a different but crucially important role as intermediaries between individuals and the state, and as defenders—or, at times, enablers—of constitutional change. The seventh Women Constitution-Makers’ Dialogue explored how courts, lawyers and bar associations are shaping constitutional transitions in Bangladesh, Ghana and Syria, and how women in the judiciary, legal profession and constitution-making processes exercise leadership despite structural barriers, professional hostility and gendered risks.
Learn more about the Women Constitution-Makers’ Dialogue and read our thematic reports:
- 2019: Founding Women: A Dialogue with Women Constitution Makers (Report)
- 2020: Constitution-Building in Response to Social Unrest (Report)
- 2021: Constitutions, Customary and Religious Law and Gender Equality: Reconciling Rights in Constitutional Design Negotiations (Report)
- 2022: Constitutional Approaches to Decentralization: Elements, Challenges and Implications (Report)
- 2023: Natural Resource Management: Development and Environmental Protection in Constitutional Reform Processes (Report)
- 2024: Independent Institutions: Enhancing Democratic Integrity and Accountability through Constitutional Design (Report)
