Project on Judicial Transitions and the Rule of Law

The rule of law and accountability of government are foundational components of democratic governance. As countries move away from authoritarian regimes, their judicial systems often carry legacies of political control and manipulation and of corruption. Transitioning the judiciary is, therefore, a key process for developing the rule of law as an institution and a culture. Reforming the judiciary—through measures like vetting compromised judges, establishing independent courts, creating constitutional review mechanisms, and potentially prosecuting past abuses—helps break with authoritarian practices and builds public trust in legal institutions. An independent and credible judiciary serves as a check on executive and legislative power, protects fundamental rights and freedoms, and provides citizens with recourse against government overreach. Without successful judicial transition, new democracies risk continuing patterns of impunity, selective justice, and authoritarian tendencies that can undermine broader democratic consolidation. This process, while often contentious and lengthy, creates the institutional framework necessary for sustaining democracy beyond initial political transitions.

The Project on Judicial Transitions and the Rule of Law is a joint effort of the Neukom Center and the Bingham Centre for the Rule of Law. The project’s goal is to increase connection and facilitate knowledge sharing and dialogue between leading academic experts in judicial transitions and policy makers and practitioners in the field. Through working groups made up of globally-recognized experts and national judicial leaders, the Project will develop, produce, and share research and scholarship on the restoration of judicial independence after authoritarianism.