Rule of Law, Governance, and Sustainable Development

2018 ◽  
pp. 273-290
Author(s):  
Olugbemiga Samuel Afolabi ◽  
Titilayo Grace Amao-Kolawole ◽  
Afeez Kolawole Shittu ◽  
Olufunke Oluwanike Oguntokun
Keyword(s):  
Sustainable Development ◽  
Rule Of Law ◽  
Due Process ◽  
Good Governance ◽  
Holistic Approach ◽  
Military Rule ◽  
Political Leaders ◽  
The Rule Of Law ◽  
Civilian Regimes ◽  
Rule Governance

The chapter is predicated on the premise that strong adherence and commitment to the rule of law and good governance is essential for sustainable development. Using a holistic approach, the study established that Nigerian leaders have consistently disregarded the principles of rule of law and good governance, violating the ideal democratic values and institutions which undermine the country's sustainable development. Over long years of military rule, governance has been badly and negatively impacted because observance of rule of law and democratic tenets are not in consonance with military ethics and rule. Civilian regimes have not fared better. The process leading to non-sustainable development and underdevelopment are mostly accompanied by the subversion of due process, the manipulation of existing laws and regulations to suit parochial interests. The chapter concluded that for sustainable development to take effect, there is need for re-orientation of political leaders towards adherence to the principle of rule of law and good governance as the foundation for sustainable development in Nigeria.

scholarly journals Rule of Law

2015 ◽  
Vol 6 (1) ◽  
pp. 38-50 ◽  
Author(s):  
Gopala Anjinappa
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Framework ◽  
Global Dimension ◽  
Vital Role ◽  
The Rule Of Law ◽  
Primary Means ◽  
Economic Imbalances

The world as a whole has developed in the global dimension and has flourished with prosperity. But still one can see the hurdles in the development process. One of such impediments is poverty and the other is the environmental problems. Poverty results in violation of human rights. The rule of law is crucial and is one of the means to strengthen these hurdles. One of such escalation is on the environmental development wherein it strives for achieving sustainable development and eradication of poverty. The rule of law plays a vital role in reducing extreme poverty with emphasizing on human rights. It is the very essence and the core of Good Governance. Without the principles of the rule of law, it will not be enough to achieve sustainable development and eradication of poverty. The rule of law strengthens to provide intense legal framework. It works as an effective mechanism for the enforcement of law. Innovative methods are undertaken to aim in the enforcement of sustainable development and eradication of poverty. The paper implies on effectiveness of the rule of law in providing sustainable development policies. It analyses the legal framework in India that contributes in maintaining economic imbalances. The paper explores the role of Indian Judiciary and the classic Judgments of Supreme Court of India. Keeping in view the importance of sustainable development and eradication of poverty, the paper contributes to explore the significance of the rule of law in achieving the objective of the nation. “Development is one of the primary means of improving the environment for living, or providing food, water, sanitation and shelter, of making the deserts green and the mountains habitable” (Indira Gandhi, 1972).

scholarly journals Anti-Corruption Policy Strategies for Nigeria towards National Development: Evidence from Least Corrupt Countries

2019 ◽  
Vol 4 (2) ◽  
pp. 1-8
Author(s):  
Adeniran Adetayo Olaniyi
Keyword(s):  
Rule Of Law ◽  
Role Models ◽  
Good Governance ◽  
National Development ◽  
Political Leaders ◽  
The Rule Of Law ◽  
Guiding Principle ◽  
The World ◽  
Policy Strategies ◽  
Set Up

Anti-corruption policy strategies in Finland and Singapore were examined, and lessons were drawn for Nigeria. Finland and Singapore were chosen because they are among the least fifth corrupt countries in the world from 2010 to 2017, and they have different norms. Another reason is that the norm in Finland is fairly similar to the norms of Sweden, Denmark, Norway, New Zealand, and Australia which are also among the least corrupt countries in the world, while the norm of Singapore is fairly similar to Hong Kong and Japan which are also among the least corrupt countries in the world. It was revealed that the case of Nigerian society is similar to that of Singaporean society. In Finland, it was observed that anti-corruption measures and institutions are weak as it does not have a separate unit dedicated to investigate or prosecute corruption-related offences, but there is a guiding principle such that anti-corruption measures are integrated into general good governance policy grounded on the rule of law. Also in Singapore, anti-corruption was achieved through anti-corruption policy that has been in existence since the year 1959, although there was a situation of deplorable condition and widespread corrupt practices, but the new government in the late 1950s set up a strategy which resulted that top political leaders set themselves as role models for civil servants and showing zero tolerance for corrupt behaviour. Finally, recommendations were suggested.

The Importance of International Environmental Enforcement Networks - INECE as an example

elni Review ◽  
2005 ◽  
pp. 3-7
Author(s):  
Jo J.A. Gerardu ◽  
Durwood Zaelke
Keyword(s):  
Sustainable Development ◽  
Capacity Building ◽  
Rule Of Law ◽  
Good Governance ◽  
Global Scale ◽  
Environmental Compliance ◽  
International Network ◽  
Environmental Laws ◽  
Environmental Enforcement ◽  
The Rule Of Law

There is a need for improved enforcement of environmental laws on a global scale. This is a fundamental component of promoting the rule of law and good governance to achieve sustainable development. The International Network for Environmental Compliance and Enforcement (INECE) is a trans-governmental network that fosters capacity building, education, and enforcement co-operation in furtherance of these goals. This article presents some of the results of more than 15 years of INECE activities.

scholarly journals Rule of Law and Constitutionalism in Nigerian Democracy: A Critical Relativism Discuss in the Context of International Law

2021 ◽  
Vol 7 (3) ◽  
pp. 317-334
Author(s):  
Isaac O. C. Igwe
Keyword(s):  
Middle Ages ◽  
Rule Of Law ◽  
Due Process ◽  
Good Governance ◽  
The Rule Of Law ◽  
Independent Judiciary ◽  
General Terms ◽  
The Law ◽  
The Government ◽  
Judicial Procedures

The synthesis of rule of law enthrones democracy, justice and goes with such characteristics as liberty, freedom, and the restoration of the dignity of man. The rule of law is predicated upon absolute autonomy being accorded to the judicial arms of the government of any society, state, or country. Thus, the application and interpretation of the law must be under the control of impartial courts adjudicating within the ambit of fair judicial procedures. The dialectics of power and the guiding principles of governance are anchored in the constitution which enshrines the provisions of enforceable laws. The law is the cardinal power of a nation, a direction for due process, and a guiding principle for good governance. The age of enlightenment and the middle ages have a special place for the rule of law as opposed to tyranny otherwise, life could have been chaos. The role of law cannot be left in isolation of democracy as both are interlaced as core universal principles of the civilised world. This paper will explore the rule of law as a paramount factor in constitutionalism, idealism, and realistic principles of the law of any given society. The treatise will in general terms discuss the principles of rule of law and articulate it with the hitherto Nigerian democracy. It will conclude with the argument that complete independence of the judiciary in Nigeria is paramount to ensure proper implementation of rule of law for a better Nigeria. Keywords: Rule of Law; Constitutionalism; Independent Judiciary; Tyranny; Nigerian Democracy. Rule of Law;

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

2019 ◽  
Vol 12 (3) ◽  
pp. 647-668 ◽  
Author(s):  
Andrew Harding
Keyword(s):  
Sustainable Development ◽  
Rule Of Law ◽  
Sustainable Development Goals ◽  
Good Governance ◽  
Good Deal ◽  
The Sustainable Development ◽  
The Rule Of Law ◽  
Development Goals ◽  
Historical Relationship ◽  
Areas Of Concern

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.

Rule of Law

2017 ◽  
pp. 1262-1277
Author(s):  
Gopala Anjinappa
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Rule Of Law ◽  
Good Governance ◽  
Legal Framework ◽  
Global Dimension ◽  
Vital Role ◽  
The Rule Of Law ◽  
Primary Means ◽  
Economic Imbalances

The world as a whole has developed in the global dimension and has flourished with prosperity. But still one can see the hurdles in the development process. One of such impediments is poverty and the other is the environmental problems. Poverty results in violation of human rights. The rule of law is crucial and is one of the means to strengthen these hurdles. One of such escalation is on the environmental development wherein it strives for achieving sustainable development and eradication of poverty. The rule of law plays a vital role in reducing extreme poverty with emphasizing on human rights. It is the very essence and the core of Good Governance. Without the principles of the rule of law, it will not be enough to achieve sustainable development and eradication of poverty. The rule of law strengthens to provide intense legal framework. It works as an effective mechanism for the enforcement of law. Innovative methods are undertaken to aim in the enforcement of sustainable development and eradication of poverty. The paper implies on effectiveness of the rule of law in providing sustainable development policies. It analyses the legal framework in India that contributes in maintaining economic imbalances. The paper explores the role of Indian Judiciary and the classic Judgments of Supreme Court of India. Keeping in view the importance of sustainable development and eradication of poverty, the paper contributes to explore the significance of the rule of law in achieving the objective of the nation. “Development is one of the primary means of improving the environment for living, or providing food, water, sanitation and shelter, of making the deserts green and the mountains habitable” (Indira Gandhi, 1972).

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

Victory and the Ending of Conflicts

2017 ◽  
Author(s):  
Eric Patterson
Keyword(s):  
Rule Of Law ◽  
Just War ◽  
Conflict Situation ◽  
State Agency ◽  
Political Leaders ◽  
The Rule Of Law ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
War Aims ◽  
Just Peace

Scholars and political leaders have recently grown increasingly uncomfortable with terms like victory and ‘unconditional surrender’. One reason for this becomes clear when reconsidering the concept of ‘victory’ in terms of ethics and policy in times of war. The just war tradition emphasizes limits and restraint in the conduct of war but also highlights state agency, the rule of law, and appropriate war aims in its historic tenets of right authority, just cause, and right intention. Indeed, the establishment of order and justice are legitimate war aims. Should we not also consider them exemplars, or markers, of just victory? This chapter discusses debates over how conflicts end that have made ‘victory’ problematic and evaluates how just war principles—including jus post bellum principles—help define a moral post-conflict situation that is not just peace, but may perhaps be called ‘victory’ as well.

Good Governance

2019 ◽  
Author(s):  
Henk Addink
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Good Governance ◽  
National Level ◽  
Administrative Law ◽  
Modern State ◽  
The Rule Of Law ◽  
The Third ◽  
Legal Perspective ◽  
Further Development

The pivotal aim of this book is to explain the creation, development, and impact of good governance from a conceptual, principal perspective and in the context of national administrative law. Three lines of reasoning have been worked out: developing the concept of good governance; specification of this concept by developing principles of good governance; and implementation of these principles of good governance on the national level. In this phase of further development of good governance, it is important to have a clear concept of good governance, presented in this book as the third cornerstone of a modern state, alongside the concepts of the rule of law and democracy. That is a rather new national administrative law perspective which is influenced by regional and international legal developments; thus, we can speak about good governance as a multilevel concept. But the question is: how is this concept of good governance further developed? Six principles of good governance (which in a narrower sense also qualify as principles of good administration) have been further specified in a systematic way, from a legal perspective. These are the principles of properness, transparency, participation, effectiveness, accountability, and human rights. Furthermore, the link has been made with integrity standards. The important developments of each of these principles are described on the national level in Europe, but also in countries outside Europe (such as Australia, Canada, and South Africa). This book gives a systematic comparison of the implementation of the principles of good governance between countries.

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