The rule of law, governance and development

This chapter explores the place of the rule of law in the governance agenda. There is growing evidence of a positive relationship between the rule of law and better development outcomes, including increased economic growth, decreased mortality rates, and increased rates of convergence. This chapter problematizes these findings, examining issues with conceptualisation and measurement. The way development bodies conceive the rule of law has evolved with the development agenda, moving through a state-centric phase, to a market-centric phase, to a state and the market approach typified by the Governance agenda. This complex relationship between two evolving concepts - development and the rule of law - has produced mixed approaches and mixed results. The authors provide a cross-section of the primary approaches to rule of law promotion, including formalist approaches, state-led development, and hybrid/mixed models, exploring case studies from China, South Africa, Rwanda, and Botswana. The chapter concludes by considering the future of this contested concept.