multifaceted. It recognises international peace and security, and sustained economic growth and development as requisite to the progress and prosperity of all. It is an essential form of protection for the people of the Commonwealth and an assurance of limited and accountable government. Integral to upholding the rule of law is an independent and competent judiciary, and an independent, effective and competent legal system, both of which engender public confidence in the dispensation of justice (Commonwealth Secretariat, 2013). Contribution to sustainable development The rule of law is seen as an outcome of development where a state of security, peace and order exists. At the same time it acts as an enabling condition for development by establishing the basic social order and security required for other development activities to be effective. Further, it is a process through which other development outcomes are achieved: it determines how decisions are made, rules are adopted and enforced, and grievances and disputes are resolved. Such processes are crucial parts of the framework for the equitable delivery of education, health, employment and other aspects of development. As the rule of law regulates the use of public and private power, it can be seen more narrowly as a set of institutions that enforce and T h e r u l e o f l aw adjudicate the law, or as a set of values to aspire to. It has, however, a wider role than this in ensuring economic growth. The rule of law is the thread by which an integrated development framework can be held together. Laws are required to create a peaceful and orderly environment where citizens are free to engage in development and economic activities. Regulatory frameworks are required to regulate development in its various forms and its effects. Development can be advanced and more opportunities opened to citizens by guarding against the misuse or abuse of powers. Where disputes arise that may interfere with or hinder the progress of economic development, the law and institutions of the law operate to ensure observance of the law and adjudicate over disputes. This highlights the importance of independent judicial institutions in achieving economic development. Judicial independence has been described as a ‘pre-requisite to the rule of law’ (UNODC, 2002). Although it is difficult to prove a direct causal effect between the rule of law and economic development, as well as between judicial independence and development (Berg and Desai, 2013), there is clearly a relationship between the two. Whether the existence of independent courts brings about economic development or whether economic development itself drives the demand for independent courts, an independent judiciary is crucial to maintaining the rule of law and creates an enabling Commonwealth Governance Handbook 2014/15 9 The separation of the legislative, judiciary and executive are outlined in the Latimer House Principles. Pictured: London’s Central Criminal Court of England and Wales, known as the Old Bailey T. B. Murray CC BY 3.0
CEP template 2012
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