D emo c r a c y a n d t h e r u l e o f l aw environment for economic development (Klerman, 2007). The rule of law brings about the peace and harmony necessary to enable citizens of a country or region to take up long-term developments without fear of loss of their investments. Observance of the law in all its various aspects in a state contributes to the creation of an atmosphere of trust and mutual respect between investors and the government. Such an atmosphere puts investors, domestic or foreign, at ease when deciding to invest in any country, believing that such investment will be safe from confiscation and arbitrary action. The existence of an impartial, honest and competent judiciary adds to the feeling of confidence that should things turn out for the worse, redress can be sought before a court, and the whole judicial system can be trusted to deliver and act effectively and fairly. In fact, there are a number of ways in which an independent judiciary’s role in enforcing the rule of law can have a positive effect on economic development. Through their rulings, judges can enforce equitable rights for all, thereby contributing to enabling a higher number of citizens to take part in a country’s economic development. An independent court can make decisions to correct inequalities ingrained in the legal system that prevent some groups in the population from fully participating in economic life. Independent judges also play a pivotal role in combating corruption, particularly when public officials are involved. Corruption constitutes an impediment to economic development, as notoriously corrupt countries can be seen as less attractive to investors. Moreover, as corrupt investments only benefit a small minority, the state and its population as a whole cannot enjoy economic development. Another important element of an independent and efficient judicial system is the judicial review of administrative action, which contributes to ensuring that governments’ decisions respect the law and the constitution. It constitutes one of the practical applications of the principle that no one is above the law. In this context, judicial independence is crucial, as judicial review can only work efficiently where judges are free from any interference from the government. These examples illustrate how the rule of law is clearly linked to countries’ sustainable development. A challenge that could be posed for the inclusion of the rule of law in the development agenda is one of measuring goals, and identifying targets and indicators. The challenge can be addressed in several ways. The report of the High-Level Panel suggests a ‘data revolution’, where efforts need to intensify research and the collection of relevant data that indicate the impact and effect of rule of law activities. Other suggestions are a programmatic approach where a ‘specific rule of law goal and target is defined with a flexible basket of indicators that can be tailored to country contexts’ (UNDP, 2013). Conclusion The various declarations in the Commonwealth Charter that include or relate to the rule of law reflect the various perspectives that are also recognised by the report of the High-Level Panel and other international discussions. Although the many facets of the rule of law in development may obscure its enabling role, cohesive impact and effect in the implementation of development policy through legislation and regulatory frameworks, the core values and principles of the Commonwealth recognise that there is a nexus between the rule of law and development. The strong link between the rule of law and development is undeniable and deserves to be recognised, valorised and further strengthened. The mission statement of the Commonwealth Secretariat is to work as a trusted partner for all Commonwealth people as a force for peace, democracy, equality and good governance; a catalyst for global consensus building; and a source of assistance for sustainable development. The rule of law entails working with member states to strengthen their legal systems to promote access to justice, equality before the law for all, independence of the judiciary and universally accepted principles, without which sustainable development cannot be achieved. The reform in the global development agenda offers opportunities to influence reform by advocating the Commonwealth’s perspectives, including principles of inclusiveness and equity – its fundamental values. As the Commonwealth moves forward, it will continue to focus on peace building, the rule of law and constitutionalism, and human rights. The fundamental values that have been agreed by the members over the duration of its existence remain a benchmark by which members continue to hold themselves and each other accountable (Commonwealth Secretariat, 2013). Endnotes 1 As agreed by law ministers and endorsed by the Commonwealth heads of government at the Commonwealth Heads of Government Meeting, Abuja, Nigeria, 2003. 2 Adopted on 14 December 2012 by Commonwealth heads of government References Berg, L. A. and Desai, D., 2013. Background Paper: Overview on the Rule of Law and Sustainable Development for the Global Dialogue on Rule of Law and the Post-2015 Development Agenda pdf United Nations Development Programme. Available at: www.undp.org/content/dam/undp/library/Democratic%20Governa nce/Access%20to%20Justice%20and%20Rule%20of%20Law/Glob al%20Dialogue%20Background%20Paper%20- %20Rule%20of%20Law%20and%20Sustainable%20Developme... .pdf Accessed 22 January 2015. Commonwealth Secretariat, 2013. The Commonwealth Charter pdf Commonwealth Secretariat. Available at: http://thecommonwealth.org/sites/default/files/page/documents/C harteroftheCommonwealth.pdf Accessed 22 January 2015. Commonwealth Secretariat, 2014. Commonwealth Heads of Government on the United Nations Post-2015 Development Agenda webpage Commonwealth Secretariat. Available at: http://thecommonwealth.org/media/news/commonwealth-headsgovernment united-nations-post-2015-development-agenda Accessed 22 January 2015. HLPEP (High-Level Panel of Eminent Persons), 2013. A New Global Partnership: Eradicate Poverty and Transform Economies Through Sustainable Development pdf United Nations. Available at: www.un.org/sg/management/pdf/HLP_P2015_Report.pdf Accessed 22 January 2015. Klerman, D., 2007. ‘Legal infrastructure, judicial independence, and economic development’. (2007) Pacific McGeorge Global Business and Development Law Journal, 19, pp. 427–434. UNCSD (United Nations Conference on Sustainable Development), 2012. The Future We Want pdf UNCSD. Available at: www.uncsd2012.org/content/documents/727The% 20Future%20We%20Want%2019%20June%201230pm.pdf Accessed 22 January 2015. Commonwealth Governance Handbook 2014/15 10
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