Commentary
Kazakhstan’s new constitution is an embodiment of the ruling elite’s fears and a self-serving attempt to preserve the status quo while they still can.
Serik Beysembaev
REQUIRED IMAGE
Paper
Mythmaking in the Rule of Law Orthodoxy
As governments and donor agencies struggle over questions of aid and international development, a growing consensus is emerging that there is an explicit link between rule of law reform and sustainable growth.
By Frank Upham
Published on Sep 10, 2002
As governments and donor agencies struggle over questions of aid and international development, a growing consensus is emerging that there is an explicit link between rule of law reform and sustainable growth. However, this new rule of law orthodoxy ignores evidence that the formalist rule of law advocated by the World Bank and other donors does not necessarily exist in the developed world. Moreover, attempting to transplant a common template of institutions and legal rules into developing countries without attention to indigenous contexts harms preexisting mechanisms for dealing with issues such as property ownership and conflict resolution.
About the Author
Frank Upham is professor of law at New York University School of Law and a specialist in comparative law. He is the author of Law and Social Change in Postwar Japan.
A limited number of print copies are available.
Request a copy.
About the Author
Frank Upham
Carnegie does not take institutional positions on public policy issues; the views represented herein are those of the author(s) and do not necessarily reflect the views of Carnegie, its staff, or its trustees.
More Work from Carnegie Russia Eurasia Center
- Tokayev’s New Constitution Is a Bet on Stability—At Freedom’s Expense
- Georgia’s Fall From U.S. Favor Heralds South Caucasus RealignmentCommentary
With the White House only interested in economic dealmaking, Georgia finds itself eclipsed by what Armenia and Azerbaijan can offer.
Bashir Kitachaev
- The Kremlin Is Destroying Its Own System of Coerced VotingCommentary
The use of technology to mobilize Russians to vote—a system tied to the relative material well-being of the electorate, its high dependence on the state, and a far-reaching system of digital control—is breaking down.
Andrey Pertsev
- Notes From Kyiv: Is Ukraine Preparing for Elections?Commentary
As discussions about settlement and elections move from speculation to preparation, Kyiv will have to manage not only the battlefield, but also the terms of political transition. The thaw will not resolve underlying tensions; it will only expose them more clearly.
Balázs Jarábik
- Where Does the Split in the Ruling Tandem Leave Kyrgyzstan?Commentary
Despite its reputation as an island of democracy in Central Asia, Kyrgyzstan appears to be on the brink of becoming a personalist autocracy.
Temur Umarov
