Unpacking democracy and governance: Conceptualizing governance infrastructure

2012 ◽  
Vol 51 (2) ◽  
pp. 263-279 ◽  
Author(s):  
Ryan G Baird
Keyword(s):  
Economic Development ◽  
Rule Of Law ◽  
Multinational Firms ◽  
International Institutions ◽  
Economic Outcomes ◽  
The Rule Of Law ◽  
Institutional Determinants ◽  
Concepts Of Democracy ◽  
Development Trajectories ◽  
Governance Infrastructure

This article argues that it is necessary to unpack and appropriately separate the concepts of democracy and governance. The impetus for this research comes from the ongoing and expanding convolution of the concepts of democracy and governance by academics, international institutions and policymakers. One of the more important areas of research that is affected by this convolution argues that democracies guarantee the rule of law and provide superior institutions which considerably influence not only developing states’ overall development trajectories, but also multinational firms’ decisions on where to do business. I argue that these superior institutions, such as the rule of law and quality bureaucracy, are separate from the institutions of democracy and constitute the concept of governance infrastructure. Moreover, it is the institutions that comprise governance infrastructure and not the institutions of democracy that are key institutional determinants of developing states’ economic outcomes. Therefore, only by appropriately conceptualizing governance infrastructure, as is done in this article, and separating it theoretically and empirically from democracy will scholars and policymakers move forward in understanding the determinants of economic development.

The Continuity of Settlement of Social Feuds among Kurds in the Kurdistan Region

2017 ◽  
Vol 12 (2) ◽  
pp. 92-107
Author(s):  
Krzysztof Lalik
Keyword(s):  
Economic Development ◽  
Human Rights ◽  
Rule Of Law ◽  
Social Organisation ◽  
Kurdistan Region ◽  
The Rule Of Law ◽  
Political Autonomy ◽  
Iraqi Kurdistan

Abstract The autonomous Iraqi Kurdistan Region currently prides itself not only in its political autonomy and rapid economic development but also in promotion of the idea of human rights and the rule of law. It can be understood that modernising processes may inevitably lead to atrophy of traditional customs and social organisation of Kurdish society. One can easily discern that many cases of disputes among the inhabitants of the Kurdistan Region are processed according to judiciary principles that contradict the official legal doctrines. The examination and comparison of this mechanism in the previous century and nowadays led the author to the conclusion that the unofficial system of justice actually refers to the old tribal mechanism of solving feuds that has been repeatedly practised by bygone Kurdish generations.

scholarly journals CORRUPTION, CAPITAL ABUNDANCE AND ECONOMIC DEVELOPMENT: EVIDENCE FROM THE EUROPEAN UNION COUNTRIES

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Vlatka Bilas ◽  
Mile Bošnjak ◽  
Sanja Franc
Keyword(s):  
European Union ◽  
Economic Development ◽  
Law Enforcement ◽  
Rule Of Law ◽  
Explanatory Power ◽  
The European Union ◽  
The Rule Of Law ◽  
European Union Countries ◽  
The Relationship

The aim of this paper is to establish and clarify the relationship between corruption level and development among European Union countries. Out of the estimated model in this paper one can conclude that the level of corruption can explain capital abundance differences among European Union countries. Also, explanatory power of corruption is higher in explaining economic development than in explaining capital abundance, meaning stronger relationship between corruption level and economic development than between corruption level and capital abundance. There is no doubt that reducing corruption would be beneficial for all countries. Since corruption is a wrongdoing, the rule of law enforcement is of utmost importance. However, root causes of corruption, namely the institutional and social environment: recruiting civil servants on a merit basis, salaries in public sector competitive to the ones in private sector, the role of international institutions in the fight against corruption, and some other corruption characteristics are very important to analyze in order to find effective ways to fight corruption. Further research should go into this direction.

scholarly journals Burning the Rechtsstaat: legal institutions and protection of the rule of law

2020 ◽  
Vol 17 (1) ◽  
pp. 105-131
Author(s):  
Christopher A. Hartwell ◽  
Mateusz Urban
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Political Institutions ◽  
Institutional Context ◽  
Economic Outcomes ◽  
Legal Institutions ◽  
Economic Literature ◽  
The Rule Of Law ◽  
The Past

AbstractThe economic literature is clear that transparent and impartial rule of law is crucial for successful economic outcomes. However, how does one guarantee rule of law? This paper uses the idea of ‘self-reinforcing’ institutions to show how political institutions may derail rule of law if associated judicial institutions are not self-reinforcing. We illustrate this using the contrasting examples of Estonia and Poland to frame the importance of institutional context in determining both rule of law and the path of legal institutions. Although starting tabula rasa for a legal system is difficult, it worked well for rule of law in Estonia in the post-communist transition. Alternately, Poland pursued a much more gradualist strategy of reform of formal legal institutions; this approach meant that justice institutions, slow to shed their legacy and connection with the past, were relatively weak and susceptible to attack from more powerful (political) ones. We conclude that legal institutions can protect the rule of law but only if they are in line with political institutions, using their self-reinforcing nature as a shield from political whims of the day.

scholarly journals Rule Of Law – Condition For Economic Development (Republic Of Macddonia)

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 183-196
Author(s):  
Katerina Kocevska
Keyword(s):  
Economic Development ◽  
Rule Of Law ◽  
Legal Framework ◽  
The Rule Of Law

Abstract In this essay I will attempt to explain the relation between the rule of law and the economic development. First I will describe the rule of law and its role through the years. Then, I will continue with the connection between economic development and the rule of law. I will try to clarify Macedonia’s legal framework and emphasize the constitution and its role regarding the rule of law and economic development. Latter, I will focus on the EU’s report on our economy in our journey towards the union. And finally I will give something to think about for future researchers.

The Rule of Law and the Quest for Constitutional Substitutes in International Law

2014 ◽  
Vol 83 (2) ◽  
pp. 87-127 ◽  
Author(s):  
Richard Collins
Keyword(s):  
International Law ◽  
Rule Of Law ◽  
International Institutions ◽  
Institutional Structure ◽  
International Affairs ◽  
The Rule Of Law ◽  
Normative Authority ◽  
International Legal Order ◽  
Sovereign Authority ◽  
Second World

The practice of modern international law seems inherently bound up with the quest for a rule of law in international affairs. This commitment to the rule of law at the international level finds expression not merely in academic literature, but has been regularly endorsed by states themselves, particularly in the context of the United Nations. Nevertheless, the pursuit of an international rule of law is an ambition which is constantly frustrated. The institutional structure of the international legal order seems incompatible with this vision, resulting in a constant sense of frustration about the apparently ‘primitive’ or otherwise constitutionally deficient institutional structure of modern international law. In fact, despite the intensification of ‘governance’ through international institutions in the years since the end of the Second World War, it seems like the proliferation and growing normative authority of international institutions more often than not gives rise to more concerns from a rule of law perspective. In this article I not only seek to understand the nature of this rule of law commitment and the reasons for this constant frustration, but in doing so I will argue that the institutional context implicit in the ideal of the rule of law is incompatible with the nature and functioning of international law. I seek to show, in fact, how the perpetual sense of frustration felt in international law’s failure to live up to this ideal stems from the fact that the rule of law is a notion which is implicitly bound up with the political context of sovereign authority within states. To attempt to impose the rule of law outside of this context will not only result in distortion and mischaracterisation, but runs the risk also of legitimising precisely the kind of arbitrary authority which is the main target of the rule of law itself.

scholarly journals Corruption in Kazakhstan: and its impact on the economic development of the country

2020 ◽  
Vol 133 (4) ◽  
pp. 8-13
Author(s):  
M. Abuova ◽  
Keyword(s):  
Economic Growth ◽  
Developing Countries ◽  
Economic Development ◽  
Public Administration ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
The Republic

Corruption is a serious problem, and not only in developing countries. The fact is corruption interferes economic growth weakens the rule of law and undermines the rule of law institutions. Moreover, it has been studied nationally from the different perspectives of that issue. Recently, a growing number of studies on local corruption and, these recent studies have focused on the corruption and its impact on voters. The report will consider corruption in the system of public administration in the Republic of Kazakhstan and will be focused on the consequences of the corruption on the economy of the country

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