Andrea Lollini received his Ph.D. from the Ecoles des Hautes Etudes en Sciences Sociales in Paris. He has published widely on international and constitutional law and is Assistant Professor of Comparative Constitutional Law at the Political Science Faculty of the University of Bologna. He works as Chargé de Mission at the Institut des Hautes Etudes sur la Justice of Paris. He is also currently one of the coordinators of the international research project: Changing Role of the Highest Courts in an Internationalising World of the Hague Institute for Internationalisation of Law (HiiL).

“Andrea Lollini’s intellectual contribution... offers important and interesting points of departure on a plurality of issues and disciplines that are rooted in established academic culture but that may also anticipate the outcome of future research.”  ·  [From the Foreword]

• ForewordAbbreviationsIntroductionPreliminary RemarksPost-apartheid Constitutionalism: Continuity and Discontinuity with the TraditionContinuity Discontinuity: the Peculiarities of Post-apartheid ConstitutionalismThe Establishment of the Post-apartheid Constitutional SystemPART I: CONSTITUTION MAKING PROCESS AND PROCEDUREChapter 1. Constituent FactsApartheid’s Legacy and Constructing the New Political Body’s UnityUnity as Collective Acceptance of Post-apartheid Constitutional PrinciplesThe Dogma of National Unity, Common Citizenship and the Political Myth of the Rainbow NationUnity through the Technique of (Pre)ConstitutionMaking Negotiations: a Clash between Different TheoriesAfrican National Congress’s Universalist ConstitutionalismNational Party’s and Inkatha Freedom Party’s Relativist ConstitutionalismUnity through Fragmentation of the Constituent ActPhases Dominated by Constituent FactsThe First Phase: Removal of Obstacles PhaseThe Second Phase: Political Violence and Transition ObstaclesChapter 2. Constituent ActsMultiparty Assemblies: Gradual Predominance of Constituent ActsInterim and Definitive Constituent ActsDeciding Who Decides The Constitutional PrinciplesThe Bill of RightsA Break from the PastThe Genesis of the Truth and Reconciliation CommissionThe Institution of the Constitutional Court: the Paradox of a Constituted BodyCo-participating in the Constituent ProcessThe Different Forms of Judicial Review ProceduresThe Constitutional Court’s Constituent InfluenceThe Conclusion of the Constitution Making ProcedureNotes on the Post-apartheid State and Government FormsThe Post-apartheid Constitution as Peace TreatyPART II: THE CONSTITUENT ROLE OF THE TRUTH AND RECONCILIATION COMMISSIONChapter 3. The Constitutional Suspension of a Strictly Criminal ApproachIntroductionThe Functioning of the Truth and Reconciliation CommissionThe Human Rights Violation Committee, Investigation Units and Public Special HearingsThe Amnesty CommitteeTemporal and Subject MatterJurisdictionAmnesty Hearing ProcedureThe Relationship with Criminal Justice: Separation and ComplementarityThe Impact of the Amnesty Process: Questioning NumbersThe Full Disclosure of All Relevant Facts and the Idea of ‘Truth’Constitutional Suspension of a Strictly Criminal Approach for Political Crimes Committed under ApartheidIndividual Volition as a Premise for the Suspension of a Strictly Criminal ApproachPost-TRC: Suspension or Definitive Cancellation of Criminal Justice for Political Crimes under Apartheid?The Problems of Using a Criminal Approach during Regime TransitionsPost-conflict Justice in Europe between Hypertrophy of History and LawNotes on Post-conflict Justice and Political Transitions outside of EuropeChapter 4. Confession as a Strictly Constituent ActIntroductionThe Truth and Reconciliation Commission and the Constitution Making ProcessStrictly Temporal LinkFormal and Legal LinkThe Material LinkConfession as a Strictly Constituent ActThe Full DisclosureThe Attributes of the ConfessionConfession as an Act of CapitulationConfession: Constitution and Preservation of a Community’s UnityAmnesty as a Non Automatic Provision: Counterbalancing the Right to PardonConfession and TruthConclusionConfession, Constituent Pact and an ‘Absolutist’ CommunitarianConstitutionalismBibliographyIndex

Andrea Lollini received his Ph.D. from the Ecoles des Hautes Etudes en Sciences Sociales in Paris. He has published widely on international and constitutional law and is Assistant Professor of Comparative Constitutional Law at the Political Science Faculty of the University of Bologna. He works as Chargé de Mission at the Institut des Hautes Etudes sur la Justice of Paris. He is also currently one of the coordinators of the international research project: Changing Role of the Highest Courts in an Internationalising World of the Hague Institute for Internationalisation of Law (HiiL).

“Andrea Lollini’s intellectual contribution... offers important and interesting points of departure on a plurality of issues and disciplines that are rooted in established academic culture but that may also anticipate the outcome of future research.”  ·  [From the Foreword]

• ForewordAbbreviationsIntroductionPreliminary RemarksPost-apartheid Constitutionalism: Continuity and Discontinuity with the TraditionContinuity Discontinuity: the Peculiarities of Post-apartheid ConstitutionalismThe Establishment of the Post-apartheid Constitutional SystemPART I: CONSTITUTION MAKING PROCESS AND PROCEDUREChapter 1. Constituent FactsApartheid’s Legacy and Constructing the New Political Body’s UnityUnity as Collective Acceptance of Post-apartheid Constitutional PrinciplesThe Dogma of National Unity, Common Citizenship and the Political Myth of the Rainbow NationUnity through the Technique of (Pre)ConstitutionMaking Negotiations: a Clash between Different TheoriesAfrican National Congress’s Universalist ConstitutionalismNational Party’s and Inkatha Freedom Party’s Relativist ConstitutionalismUnity through Fragmentation of the Constituent ActPhases Dominated by Constituent FactsThe First Phase: Removal of Obstacles PhaseThe Second Phase: Political Violence and Transition ObstaclesChapter 2. Constituent ActsMultiparty Assemblies: Gradual Predominance of Constituent ActsInterim and Definitive Constituent ActsDeciding Who Decides The Constitutional PrinciplesThe Bill of RightsA Break from the PastThe Genesis of the Truth and Reconciliation CommissionThe Institution of the Constitutional Court: the Paradox of a Constituted BodyCo-participating in the Constituent ProcessThe Different Forms of Judicial Review ProceduresThe Constitutional Court’s Constituent InfluenceThe Conclusion of the Constitution Making ProcedureNotes on the Post-apartheid State and Government FormsThe Post-apartheid Constitution as Peace TreatyPART II: THE CONSTITUENT ROLE OF THE TRUTH AND RECONCILIATION COMMISSIONChapter 3. The Constitutional Suspension of a Strictly Criminal ApproachIntroductionThe Functioning of the Truth and Reconciliation CommissionThe Human Rights Violation Committee, Investigation Units and Public Special HearingsThe Amnesty CommitteeTemporal and Subject MatterJurisdictionAmnesty Hearing ProcedureThe Relationship with Criminal Justice: Separation and ComplementarityThe Impact of the Amnesty Process: Questioning NumbersThe Full Disclosure of All Relevant Facts and the Idea of ‘Truth’Constitutional Suspension of a Strictly Criminal Approach for Political Crimes Committed under ApartheidIndividual Volition as a Premise for the Suspension of a Strictly Criminal ApproachPost-TRC: Suspension or Definitive Cancellation of Criminal Justice for Political Crimes under Apartheid?The Problems of Using a Criminal Approach during Regime TransitionsPost-conflict Justice in Europe between Hypertrophy of History and LawNotes on Post-conflict Justice and Political Transitions outside of EuropeChapter 4. Confession as a Strictly Constituent ActIntroductionThe Truth and Reconciliation Commission and the Constitution Making ProcessStrictly Temporal LinkFormal and Legal LinkThe Material LinkConfession as a Strictly Constituent ActThe Full DisclosureThe Attributes of the ConfessionConfession as an Act of CapitulationConfession: Constitution and Preservation of a Community’s UnityAmnesty as a Non Automatic Provision: Counterbalancing the Right to PardonConfession and TruthConclusionConfession, Constituent Pact and an ‘Absolutist’ CommunitarianConstitutionalismBibliographyIndex

Andrea Lollini received his Ph.D. from the Ecoles des Hautes Etudes en Sciences Sociales in Paris. He has published widely on international and constitutional law and is Assistant Professor of Comparative Constitutional Law at the Political Science Faculty of the University of Bologna. He works as Chargé de Mission at the Institut des Hautes Etudes sur la Justice of Paris. He is also currently one of the coordinators of the international research project: Changing Role of the Highest Courts in an Internationalising World of the Hague Institute for Internationalisation of Law (HiiL).

“Andrea Lollini’s intellectual contribution... offers important and interesting points of departure on a plurality of issues and disciplines that are rooted in established academic culture but that may also anticipate the outcome of future research.”  ·  [From the Foreword]

• ForewordAbbreviationsIntroductionPreliminary RemarksPost-apartheid Constitutionalism: Continuity and Discontinuity with the TraditionContinuity Discontinuity: the Peculiarities of Post-apartheid ConstitutionalismThe Establishment of the Post-apartheid Constitutional SystemPART I: CONSTITUTION MAKING PROCESS AND PROCEDUREChapter 1. Constituent FactsApartheid’s Legacy and Constructing the New Political Body’s UnityUnity as Collective Acceptance of Post-apartheid Constitutional PrinciplesThe Dogma of National Unity, Common Citizenship and the Political Myth of the Rainbow NationUnity through the Technique of (Pre)ConstitutionMaking Negotiations: a Clash between Different TheoriesAfrican National Congress’s Universalist ConstitutionalismNational Party’s and Inkatha Freedom Party’s Relativist ConstitutionalismUnity through Fragmentation of the Constituent ActPhases Dominated by Constituent FactsThe First Phase: Removal of Obstacles PhaseThe Second Phase: Political Violence and Transition ObstaclesChapter 2. Constituent ActsMultiparty Assemblies: Gradual Predominance of Constituent ActsInterim and Definitive Constituent ActsDeciding Who Decides The Constitutional PrinciplesThe Bill of RightsA Break from the PastThe Genesis of the Truth and Reconciliation CommissionThe Institution of the Constitutional Court: the Paradox of a Constituted BodyCo-participating in the Constituent ProcessThe Different Forms of Judicial Review ProceduresThe Constitutional Court’s Constituent InfluenceThe Conclusion of the Constitution Making ProcedureNotes on the Post-apartheid State and Government FormsThe Post-apartheid Constitution as Peace TreatyPART II: THE CONSTITUENT ROLE OF THE TRUTH AND RECONCILIATION COMMISSIONChapter 3. The Constitutional Suspension of a Strictly Criminal ApproachIntroductionThe Functioning of the Truth and Reconciliation CommissionThe Human Rights Violation Committee, Investigation Units and Public Special HearingsThe Amnesty CommitteeTemporal and Subject MatterJurisdictionAmnesty Hearing ProcedureThe Relationship with Criminal Justice: Separation and ComplementarityThe Impact of the Amnesty Process: Questioning NumbersThe Full Disclosure of All Relevant Facts and the Idea of ‘Truth’Constitutional Suspension of a Strictly Criminal Approach for Political Crimes Committed under ApartheidIndividual Volition as a Premise for the Suspension of a Strictly Criminal ApproachPost-TRC: Suspension or Definitive Cancellation of Criminal Justice for Political Crimes under Apartheid?The Problems of Using a Criminal Approach during Regime TransitionsPost-conflict Justice in Europe between Hypertrophy of History and LawNotes on Post-conflict Justice and Political Transitions outside of EuropeChapter 4. Confession as a Strictly Constituent ActIntroductionThe Truth and Reconciliation Commission and the Constitution Making ProcessStrictly Temporal LinkFormal and Legal LinkThe Material LinkConfession as a Strictly Constituent ActThe Full DisclosureThe Attributes of the ConfessionConfession as an Act of CapitulationConfession: Constitution and Preservation of a Community’s UnityAmnesty as a Non Automatic Provision: Counterbalancing the Right to PardonConfession and TruthConclusionConfession, Constituent Pact and an ‘Absolutist’ CommunitarianConstitutionalismBibliographyIndex