[TimorLesteStudies] New Article: Realising Rights in Timor-Leste

[Laura Grenfell]

Realising Rights in Timor-Leste

Dr Laura Grenfell

Asian Studies Review

Volume 39(2) June 2015
http://www.tandfonline.com/doi/full/10.1080/10357823.2015.1023770#.VhXPU_7osdU


ABSTRACT
Timor-Leste is a nascent democratic country with a rights-rich
Constitution. After more than a decade it is unclear whether vulnerable sections
of Timorese society can access the courts to ensure the realisation and protection
of their constitutional rights. This paper examines the design and practice of
Timor-Leste's Constitution and its new legal system in light of the Epp-Wilson
debate regarding the necessary conditions for access to justiciable constitutional
rights. It draws on Timor-Leste's experience to argue that while Wilson's focus on
institutional design is compelling, it does not dispel the need for a strong civil
society along the lines argued by Epp. The realisation of constitutional rights
requires the mobilisation of civil society and a receptive Timorese judiciary.

Keywords: Timor-Leste, human rights, Constitution, access to justice, civil
society, women's rights, legal system, judicial review


Dr Laura Grenfell

Associate Professor in Law
Associate Dean (Diversity and Inclusion)
Faculty of the Professions

(Please note that I work Tuesdays-Fridays)

The University of Adelaide
Adelaide, AUSTRALIA 5005
+61 8 8313 5777 (Phone)
+61 8 8313 4344 (Facsimile)
e-mail: laura.grenfell at adelaide.edu.au<mailto:laura.grenfell at adelaide.edu.au>
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