The Political Economy of the Rule of Law: The Challenge of the New Developmental State

What is the political economy behind the Rule of Law (ROL) initiative? ROL is a lineal descendent of the law and development (L&D) movement of the 1960s. For all its failings, L&D was based on a theory of law in economic development. This theory both explained why law was important for development, and served as a guide to reform efforts. To be sure, aspects of the original law and development theory have been called into question, and some of the reform efforts proved disappointing. Nonetheless, the aspiration for a theory-based approach to law reform in developing countries remains as one of the important legacies of the law and development movement. Is there a similar theory of political economy guiding ROL efforts today? And if there is, is it appropriate to the challenges we face? Of course, ROL might be justified on wholly independent and non-economic terms. Some might say these reforms are desirable to protect human rights and it is irrelevant whether they also contribute to economic development. Others might see the rule of law as an end in itself, a necessary component of what we mean by ‘development’.