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  • 6 - Limits Ratione Temporis and Materiae to Transitional Governance

  • from Part III - Self-Determination through Transitional Governance
  • Emmanuel H. D. De Groof
  • Book:
    State Renaissance for Peace
    Published online:
    10 September 2020
    Print publication:
    27 August 2020, pp 199-223

  • Summary

    TG is limited ratione temporis and ratione materiae. Limitations ratione temporis imply that TA should direct the transition towards permanent institutions, and then relinquish power. They should furthermore exercise these duties on a temporary basis, i.e. with the aim of being replaced. This usually means that TA are barred from suspending or perpetuating the interim rule, and often from having their leaders and/or members running for office after the transition. The powers of TA are also limited ratione materiae. TA are precluded from carrying out activities that would go beyond their mandate, which usually contains three components: preparing for the future without fully predefining it; respecting state continuity both internally and externally. They concentrate on managing the present, including the transition, and are entrusted with administering the country ad interim in spite of the extensive external assistance they may receive. In sum, TG mainly fulfils a fiduciary function.