Constitutionalism and Development: A Mismatch or a Dream-Team?

2019 ◽  
Vol 12 (3) ◽  
pp. 647-668 ◽  
Author(s):  
Andrew Harding

Abstract This article examines the conceptual and historical relationship between constitutionalism and development. It argues that the communities that represent these two ideas have had little engagement, and yet there is a good deal of overlap between their areas of concern. Given that the Sustainable Development Goals 2015 have strongly embraced good governance, accountability and the rule of law, and we have become adept at defining and articulating the rule of law, the time seems ripe for development to engage with constitutionalism, and for constitutionalism to use “developmental operativity”, as I call it, to advance its objectives in practice.

2019 ◽  
Vol 22 (1) ◽  
pp. 171-186
Author(s):  
Frauke Lachenmann

The negotiation process of the Sustainable Development Goals (SDGS) process was extremely ambitious. It sought to remedy all the shortcomings of the Millennium Development Goals (MDGS) by ensuring transparency, ownership of the countries of the Global South, strong involvement of civil society groups and stakeholders, and creating a truly transformative set of sustainable development goals. Yet, it did not manage to avoid all the mistakes that were characteristic of the formulation of the MDGS. In addition, it struggled with its very own problems. The article traces the developments and debates that led to the formulation of Goal 16 on the rule of law. It shows that the success of this ambitious goal largely depends on the refinement of the indicator framework and the review mechanism.


2020 ◽  
Vol 114 ◽  
pp. 143-147
Author(s):  
Laurence Boisson de Chazournes

The rule of law and the Sustainable Development Goals (SDGs) are mutually supportive. Respect for the rule of law is indeed crucial for development issues. The 2030 Agenda for Sustainable Development itself acknowledges, through SDG 16, that access to justice and the rule of law foster sustainable development. The latter ensures that all individuals are treated alike, that they are entitled to the respect of human rights and that the rule of law informs the satisfaction of social, economic, and cultural needs as well as the development of public policies and the governance of competent institutions.


Asian Survey ◽  
2018 ◽  
Vol 58 (4) ◽  
pp. 726-746
Author(s):  
Gamini Herath

In 2015, the UN proposed the Sustainable Development Goals; they were accepted by 193 countries. Sri Lanka faces many challenges in implementing the SDGs. The lack of reliable and recent data is a serious issue. Another issue is the weak institutional capacity of Sri Lanka, which has led to poor governance and policy incoherence. There is no strong political will, and interministerial conflicts are rampant. Unless these issues are properly addressed, the yahapalanaya (good governance) government of President Sirisena may not contribute well to achieve the SDGs by 2030.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Kempe Ronald Hope, Sr.

Purpose The purpose of this paper is to assess African performance for substantially reducing all forms of corruption and bribery on the continent by 2030, through the indicators for achieving Target 16.5 of the sustainable development goals (SDGs). Design/methodology/approach Drawing on the available and accessible relevant data from credible sources, this work quantifies, outlines and analyses the relationship between corruption/bribery and sustainable development as it applies primarily to sub-Saharan Africa; assesses the trends in the region through the official indicators for achieving Target 16.5 of the SDGs; and recommends other indicators for assessing ethical behaviour in African political, administrative and business leadership and institutions for achieving sustainable development and improved ethical performance towards significant reductions in all manifestations of bribery and corruption on the continent by 2030. Findings Corruption and bribery are found to affect all SDG-related sectors, undermining development outcomes and severely compromising efforts to achieve the SDGs in Africa. Consequently, prioritising corruption reduction including from money laundering, bribery and other illegal activities is a necessary requirement for achieving sustainable development, good governance, building effective and inclusive institutions as required by SDG 16, and funding the achievement of the SDGs. Originality/value The main value of the paper is the insights it provides through the very comprehensive compilation of statistical information that quantifies, and with analysis, the corruption/bribery avenues and the resultant deleterious effects on sustainable development in Africa.


2014 ◽  
Vol 18 (1) ◽  
pp. 286-331
Author(s):  
Astrid Wiik ◽  
Frauke Lachenmann

2015 is the year when the Millennium Development Goals are due to be achieved. Deliberations about a post-2015 agenda have been ongoing for years, with multiple un agencies, ngos, and other stakeholders participating. The Open Working Group (owg) of the General Assembly in 2014, after a complex procedure, presented a proposal on the sdgs that will serve as the basis for Member State negotiations in 2015. The paper seeks to outline the organizational challenges of a process that was intended to be inclusive like none before, but that seems to have proved overwhelming, even detrimental to the objective. It does so by showing how, in the case of the rule of law concept, hopes were raised and then disappointed.


2016 ◽  
Vol 30 (2) ◽  
pp. 167-176 ◽  
Author(s):  
Malcolm Langford

On September 25, 2015, the world's leaders adopted a new suite of development goals—the Sustainable Development Goals (SDGs)—that are to guide policymakers for the next decade and a half. On first inspection, the declaration is breathtaking in its scope and ambition. Constituted by a list of 17 goals and 169 targets, it is arguably the most comprehensive global agenda adopted since the UN Charter in 1945. Its thematic repertoire ranges from poverty, health, education, and inequality, to energy, infrastructure, climate change, marine resources, peace, security, and good governance. The UN Secretary-General welcomed the SDGs by praising their “universal, transformative, and integrated agenda” that heralded a “historic turning point for our world.”


2018 ◽  
Vol 7 (1) ◽  
pp. 5-36 ◽  
Author(s):  
Louis J. Kotzé ◽  
Duncan French

In this article we argue that the Anthropocene’s deepening socio-ecological crisis amplifies demands on, and exposes the deficiencies of, our ailing regulatory institutions, including that of international environmental law (iel). Many of the perceived failures of iel have been attributed to the anthropocentric, as opposed to the ecocentric, ontology of this body of law. As a result of its anthropocentric orientation and the resultant deficiencies, iel is unable to halt the type of human behaviour that is causing the Anthropocene, while it exacerbates environmental destruction, gender and class inequalities, growing inter- and intra-species hierarchies, human rights abuses, and socio-economic and ecological injustices. These are the same types of concerns that the recently proclaimed Sustainable Development Goals (sdgs) set out to address. The sdgs are, however, themselves anthropocentric; an unfortunate situation which reinforces the anthropocentrism of iel and vice versa. Considering the anthropocentric genesis of iel and the broader sdgs framework, this article sets out to argue that the anthropocentrism inherent in the ontological orientation of iel and the sdgs risks exacerbating Anthropocene-like events, and a more ecocentric orientation for both is urgently required to enable a more ecocentric rule of law to better mediate the human-environment interface in the Anthropocene. Our point of departure is that respect for ecological limits is the only way in which humankind, acting as principal global agents of care, will be able to ensure a sustainable future for human and non-human constituents of the Earth community. Correspondingly, the rule of law must also come to reflect such imperatives.


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