Abstract
Rule of law occurs when a government and its citizens are bound by and abide by the law. Rule of law has no one-size-fits-all approach, and any initiative must take into account cultural norms and how institutions and individuals are incentivized. Informal justice systems are best positioned to do this, particularly for the poor and indigenous ethnic groups. While informal justice systems are criticized for human rights violations and elite capture, among other things, some of these shortfalls are adequately addressed through existing development programs, which are most effective when subject to market forces and when they utilize participatory accountability mechanisms. Because of their complimentary nature, informal justice systems and development should be integrated to establish sustainable rule of law. Rule of law must support domestically rooted processes of change, and in order to pressure rule of law regimes, citizens must have a sense of ownership and knowledge within their communities. Development programs that use participatory accountability mechanisms build on ownership and knowledge, and give individuals control over their lives. Rule of law cannot substitute for the internal will to reform, nor can it be created in the abstract-rule of law must be substantive enough for average citizens to engage in it. Using localized programs and informal justice systems, donor countries can engage everyday citizens to create sustainable rule of law programs
Recommended Citation
Patrick Akers,
Note, Establishing Rule of Law Through Informal Justice Systems and Development Programs,
30
Notre Dame J.L. Ethics & Pub. Pol'y
115
(2016).
Available at:
https://scholarship.law.nd.edu/ndjlepp/vol30/iss1/5