Bibliotheken Online

A shotgun marriage

Political contestation and the rule of law in fragile societies

Erwin Van Veen

Buch

englisch

Van Veen, Erwin (Verfasser/-in) DNB

CRU Report

June

Clingendael

Den Haag

2017

60 p.

rule of law
fragile state

The limits of, and opportunities for, rule of law development emerge from processes of political contestation. It is through such processes that individuals and groups with resources compete to influence and establish the formal and informal rules for how power can be distributed, exercised, enforced and constrained in a society at a particular point in time. This means that the characteristics of the process of local political contestation matter a great deal for the meaning and shape of the rule of law. It also means that domestic politics and culture are the primary entry points for rule of law development.

There is evident tension between this observation and the imperatives of the rule of law concept in its universal and abstract version. The universal claims of the international rule of law agenda contrasts particularly sharply with national political, social and cultural idiosyncrasies in fragile societies because of their legacies of violence, contested legitimacy and intentional political exclusion.

This paper examines the practical consequences of the characteristics of domestic political contestation in fragile societies for rule of law development. It offers fresh thinking on how rule of law development can be pursued in such contexts that breaks significantly with the current discourse and collective wisdom.

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