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The rule of law may indeed be essential in ensuring the growth of an economy. However, in
order for the economy to be a success it needs to have more than just growth but a sustainable
economic growth. This is because growth alone is not likely to amount to an economy’s
success. Thus one is placed with a much onerous task of proving which of the definitions of
the rule of law is essential in ensuring an economy’s success.
According to Lord Bingham, “the principle of the rule of law means that all persons and
authorities within the state, whether public or private, should be bound by and entitled to the
benefit of laws publicly and prospectively promulgated and publicly administered in the
courts”. For the rule of law to be sustainable, law must be accessible, intelligible, clear and
predictable. Adjudicative procedures must be fair, means for resolving disputes must be
provided as well as a guarantee of adequate protection of human rights, exercise of powers
within limits conferred, equality before the law, where law and not discretion is used and the
compliance of the state with international law1
.
Mainly two (2) definitions to the concept of the rule of law has evolved over time, the “thin
and thick” definitions. Thin definitions are more formal. The important things on this account
are not democracy and morality but property rights and efficient administration of justice.
Laws must provide stability. However, they do not necessarily have to be moral or promote
human right e.g. America’s southern states in the Jim Crow era were governed by the rule of
law on thin definitions but not on thick. On the other hand, the thick or more substantive
definition of the rule of law include references to fundamental rights, democracy, and or
criteria of justice or right, civil and political liberties and constitutionalism2
.
Economists, after the “Washington consensus”3
crumbled, after investigation concluded that
the institutional setting of policy making especially the rule of law is of paramount
importance. Various examples in different countries have supported this argument, for
example events in the former Soviet Union and Ukraine. In the long run, Economists
continuously found that the better the rule of law, the richer the nation became4
.
Still on the relationship between the rule of law and economic success is an example using
China. China has been spotted out by researchers to be a standing contradiction to the

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argument and position that the rule of law is needed for success. China is a fast growing
nation and arguably the world’s largest recipient of foreign investment, yet its legal system
has little resemblance with what westerners would recognize as a “rule of law tradition”.
Some argue that few countries have sustained growth without improving their rule of law.
Conversely, places that have grown without such improvement have subsequently lurched
backwards5
. In addition is a study by the World Bank a decade ago showing a link between
projects the bank financed and civil liberties: projects in countries with firm and good civil
liberties had far higher rates compared to those with weak traditions of liberty.
In conclusion, it is my position that an economy that merely adheres to the thin definition of
rule of law can have an adverse effect particularly with substantial social inequalities.
Applying laws equally to everyone according to their terms may have one sided effect or
serve to perpetuate an unjust social order6
. It is my opinion that the thick definition of the rule
of law will lead to a sustainable growth hence lead to economic success.

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