Title:
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Reform or transform? : understanding institutional change in transitional justice
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Institutional reform, or the review and restructure of state institutions, is broadly
accepted as an element of transitional justice in both scholarship and practice.
Nevertheless, discussion of institutional reform in transitional justice shows little
consistency or coherence either in the institutions targeted for reform, nor in the
objectives which institutional reform is said to pursue. The thesis identified
conceptual confusion in the objectives attached to institutional reform in transitional
justice, which move unsystematically between the pursuit of (1) past-focused
accountability, (2) the prevention of reCUlTence of past crimes, (3) establishing the
rule of law, and (4) the promotion and protection of human rights into the future.
Moreover, the thesis identifies the unhelpful investment of institutional reform with
transformative objectives by transitional justice scholars, without the elaboration of
either the targeted institutions for refonn or meaningful indicators of transformation.
The thesis responds to these identified shortcomings in the study and practice of
institutional reform in transitional justice, firstly, by bringing greater conceptual
clarity to the area and, secondly, and relatedly, by redressing the paucity of empirical
data on institutional reform in transitional justice. To redress the pat1iality of
underpinning data, and the need for greater clarity in what institutions to study, two
large-N, cross-national qualitative databases were created on vetting and lustration
processes and ombuds offices in transitional states. Furthermore, the thesis considers
the application of depth and pervasiveness in institutional change theory to original
empirical data of institutional reform in transitional justice.
The thesis makes an original contribution to knowledge in two key ways. First, the
thesis has developed a comprehensive and robust empirical data set on the scale of the
practice of two case studies of institutional reform in transitional states. Second,
utilizing this rich new data, the thesis works inductively to understand the diversity 0/
institutional reform in transitional justice and, drawing on institutional change theory,
proposes a new framework for distinguishing between institutional reform and
institutional transformation.
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