Research Theme: Transformation of Legal Institutions

Typically, justice claims lie at the heart of conflict and must be addressed in negotiating an end to conflict. This implicates legal institutions. Different communities within a jurisdiction may have differing degrees of confidence in legal institutions and processes. There may be conflicting views over the extent to which legal institutions have been complicit in the maintenance and management of the conflict, and conflicting views about the necessity and capability of reform (e.g. policing institutions).

Peace agreements frequently include legal and other institutional reforms which aim to address these conflicts. However, peace agreements typically set out broad frameworks that leave institutional change to the implementation phase. This means that institutional reform tends to occur outside of formal negotiating processes and on a piecemeal basis. Experience in Northern Ireland and elsewhere has demonstrated that when this occurs unresolved and outstanding issues from the negotiation process become intertwined in the process of institutional reform.

Institutional reforms often address, to different degrees:

• Overarching justiciable rights (e.g. through bills of rights) including civil, political, social, economic and cultural rights (and/or policy alternatives)
• Constitutional or human rights courts and issues of judicial independence
• National human rights enforcement institutions (e.g. human rights commissions)
• Rights-based reform of the criminal justice system
• Rights-based reform of policing

Aims of TJI research in this area

• Consider ‘best practice’ with regard to institutions using international comparative experience

• Examine institutional transformation in Northern Ireland in comparative context

• Provide specific policy oriented research relevant to institutional development in Northern Ireland

Indicative projects

The legal regulation of public protest (Michael Hamilton)

National human rights institutions in transitions (Anne Smith)

Policing and transition (Mary O’Rawe)

Legal remedies in the African human rights system (Gina Bekker)

Land rights in agreements between states and indigenous peoples (Jérémie Gilbert)

Equality and socio-econcomic rights: theoretical and comparative analyses (Anne Smith, Thomas Bundschuh)

Women and the implementation of the Good Friday / Belfast Agreement

Other Research themes

---