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Rule of Law Reforms, Design & Implementation
- 2. Contents I. Approach & Scope: Causation & Change in Rule of Law II. Implementation: Problem-Driven Iterative Adaptation III. Transferring Development: Strengthening Rule of Law IV. Learning to Reform
- 3. I. APPROACH & SCOPE: CAUSATION IN REFORMING THE RULE OF LAW
- 4. State Citizen CitizenCitizen State effectiveness is a function of state service delivery, state society integration and social cohesion Nation Building State- Society Integration Constitutional legitimacy State Building Social normative/ ideological legitimacy Functional legitimacy Society
- 5. State Citizen CitizenCitizen Social Cohesion (Fragmentation) State effectiveness is a function of state service delivery, state society integration and social cohesion Nation Building State- Society Integration Laws, Frameworks, Budgets Social norms & values Demands & needs Social, Religious and Ideological Norms Needs, Demands State Building Ideal Course of Work Society
- 6. Citizen CitizenCitizen Society State effectiveness is a function of state service delivery, state society integration and social cohesion Nation Building State- Society Integration Constitutional legitimacy State Building Social normative/ ideological legitimacy [Lack of representation, inclusion & equity] Sectarianism Ethnic Violence, Terrorism, Crime Justice Sector [Weak, lack of inclusion] Accountability, Transparency Civic engagement oversight, Representation, Dispute resolution (viz - State)- PGR Legal Empowerment Dispute Resolution Social Cohesion (Fragmentation) Service Delivery State Functional legitimacy
- 7. State Citizen CitizenCitizen Social Cohesion (Fragmentation) Nation Building State- Society Integration Laws, Frameworks, Budgets Social norms & values Demands & needs Social, Religious and Ideological Norms Needs, Demands State Building Ideal Course of Work Constitutional legitimacy Social normative/ ideological legitimacy Functional legitimacy
- 8. II. STRENGTHENING RULE OF LAW SERVICE DELIVERY
- 9. Police Prosecution Judiciary Prison Prob. & Parole Lawyers Investigati on Prosecution Adjudication UTPs, imprisonment Prob. & Parole Litigation INTER-AGENCY COORDINATION Supreme Court of Pakistan | High Court/MIT | Magistrate Process Functions Organizations Organization culture
- 10. III. IMPLEMENTATION: PROBLEM-DRIVEN ITERATIVE ADAPTATION
- 11. “ The Challenge - Partnering” - Problem analysis Solution identification “Delivery Labs”/Model Units Joint monitoring & lesson learning Embedded in departments – project/ programme management units
- 12. Special cases: Megacities, tribal Focal Districts General cases: Settled urban and rural districts
- 13. IV. LEARNING TO REFORM
- 14. Transferring Development Need to enhance understanding of how development is transferred in the rule of law sector and how best to measure such transfers Transfer/Focal Area Justice Needs/Demands Laws & Legal Policy Plans, Operational Procedures, Processes Citizens’ “choices” Political choices/agreements Operational choices Transfer of knowledge, information Shift in societal values, attitude and beliefs Shift in political cultural values, attitude and beliefs Shift in organizational culture values, attitude and beliefs Transfer of skills Enhancing civil society and social capacities to engage with the State Enhancing “political” capacities to engage with citizens, constituencies, organisations and issues Enhancing organisational capacities to engage with State and society Transfer of processes, procedures and practices Strengthening platforms/space and mechanisms etc. to effectively engage with the State Strengthening political space/mechanisms etc. to be more responsive to citizens’ justice needs Strengthening service delivery mechanisms etc. to be more responsive to citizens’ justice needs Enhanced demand mobilization &
- 15. Thank you
Editor's Notes
- Senate 3 November
- Theory of Change Understand causation, context Society constructs State and ROL Not State-centric - Weberian Base cases need a TOC Sociology of Law - Durkheim
- Demands and needs Norms and values
- Activities
- Legitimacy –dynamic concept Service delivery v “Ideology” Constitutional – transformative – Preamble, Principles of Policy and Fundamental Rights
- Organisations –society, culture Multi-agency horizontal process – inter-agency coordination Strengthening functions
- Key challenge - partnering
- Reform is political – shifting political agreement, consensus The transfer – knowledge, skills, processes etc. Demand-side Institutional reforms, budgets Organisational reforms, budgets