The path-dependent problem of exporting the rule of law

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Ferris, G. ORCID: 0000-0003-0574-1978, 2012. The path-dependent problem of exporting the rule of law. The Round Table, 101 (4), pp. 363-374. ISSN 1474-029X

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Official URL: http://dx.doi.org/10.1080/00358533.2012.707510

Abstract

This article examines three indicators of a functioning rule of law state. First, that the executive operates through legally constituted channels: that administrative and political actions are constrained and channelled through legal authority. Second, that trial processes are robust: being genuine attempts to decide according to proof and law, rather than returning decisions that it is hoped will placate the powerful. Third, that no individual entities, be they corporations or individuals, be they economically or politically or militarily powerful, are able to act outside the reach of legal remedy. The work of D. C. North helps in understanding how the failure to implement or reform law successfully is predictable if the relevant features of the society that receives legal transplant or legal reform efforts are ignored. Ultimately, reform must involve domestic agents in its design and implementation because their knowledge of the subjunctive worlds of their own societies is a vital component in the reform process.

Item Type:

Journal article

Publication Title:

The Round Table

Creators:

Ferris, G.

Publisher:

Taylor & Francis

Date:

2012

Volume:

101