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Rule of Law Reform and Development: Charting the Fragile Path of Progress

Rule of Law Reform and Development: Charting the Fragile Path of Progress

Paperback

By (author) M Trebilcock, By (author) Ronald J. Daniels

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  • Publisher: Edward Elgar Publishing Ltd
  • Format: Paperback | 384 pages
  • Dimensions: 165mm x 249mm x 23mm | 567g
  • Publication date: 9 August 2009
  • Publication City/Country: Cheltenham
  • ISBN 10: 1848447108
  • ISBN 13: 9781848447103
  • Sales rank: 754,387

Product description

This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world's problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform. Reviewing the progress in the rule of law reform in developing countries, specifically four regions - Latin America, Africa, Central and Eastern Europe, and Asia - this book makes a significant contribution to the literature. It will be of great interest to scholars and advanced students, as well as practitioners in the field, including international and bilateral aid agencies working on rule of law reform projects, and international and regional non-governmental organizations (NGOs) that focus on rule of law reform as a major aspect of their mandate.

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Review quote

'This book offers a sophisticated yet pragmatic account of the proper purposes of rule of law reform, the obstacles to achieving it, and the role that the international community can play. The procedural conception of the rule of law offers an appealing alternative to both one-size-fits-all universalism on the one hand and unconstrained relativism on the other.' - Kevin Davis, New York University School of Law, US 'This is the book that I have been waiting for. Even though rule of lawA" has become the new mantra in development, its meaning remains elusive and its operational content unclear. This book helps us think systematically about it. Grounded in a procedural conceptualization of the rule of law, and supported by detailed case studies, Trebilcock and Daniels' analysis lays out a theoretically sophisticated, yet practical agenda for making progress with rule-of-law reforms.' - Dani Rodrik, Harvard University, US 'This is a book on the role of legal institutions in economic development that is rich in institutional analysis and nuanced in terms of sensitivity to social, historical and political-economy issues that arise in the implementation of the rule of law. I particularly value its major focus on the need for balance between independenceA" and accountabilityA" that afflict any rule of law reform: a balance which is missing in more one-sided accounts in the literature. I believe the book will be widely read and appreciated.' - Pranab Bardhan, University of California, Berkeley, US 'Within the law and development literature it is the most knowledgeable and comprehensive book on legal reform. I think that it will find a grateful readership among people working in development agencies, in humanitarian organizations and among scholars and students of development studies.' - Hans-Bernd Schafer, University of Hamburg, Germany 'By identifying the key politico-economic reasons why rule-of-law reforms in developing countries have faltered and drawing out the implications for future strategy, this book is of immense importance and should be widely read.' - Anthony Ogus, CBE, FBA, University of Manchester, UK

Table of contents

Contents: 1. The Relationship of the Rule of Law to Development 2. The Judiciary 3. Police 4. Prosecution 5. Correctional Institutions 6. Tax Administration 7. Access to Justice 8. Legal Education 9. Professional Regulation 10. Rethinking Rule of Law Reform Strategies Index