91511820 case-study-soc-sci

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A STRUCTURAL APPROACH TO
THE RULE OF LAW
AS A TOOL TO NATIONAL DEVELOPMENT
SUBMITTED UNDER THE PSEUDONYM
“Eunomia”
In Greek mythology, Eunomia was the goddess of law and
legislation, of good order and lawful conduct. She was associated
with the internal stability of a state, including the enactment of
good laws and the maintenance of civil order.
In present day Greek language, the word “eunomia” developed a
meaning associated with the goddess’ virtues and high moral
standards and the word was adopted to mean “good order,
governance according to good laws”.
The present legal system of Greece designates the Ombudsman to
intervene in controversies involving individuals or legal entities
against the public administration. The mediation process serves to
protect the rights of the former and to ensure the compliance of the
latter to the rule of law, operating as a measure to triumph over
maladministration.
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To demonstrate the significance of good laws and civil order in the
Greek culture, the Ombudsman’s current international activities
include a “Eunomia” project, an action plan tasked to establish
Ombudsman-type of mediation institutions in Southeast Europe,
run under the auspices of the Council.
____________________
REFERENCES :
http://www.greekembassy.nl/press
http://en.wikipedia.orgwiki/Horae
Prologue
The rule of law is of great consequence to national development
because the Constitution and the system of codes, laws and rules
define the legal framework and the government structure within which
socio-economic and political activities that lead to national
development can take place.
A treatment of the rule of law and its role in national development is
covered in the succeeding pages in the context of its operation within
a governmental framework. The function of the rule of law within a
structural process flows from the sovereign power, through a set of
laws, over a network of institutions, directed at the growth forces of
development and on to the subjects who are expected to act and
perform in accordance with defined rules. The function of the rule of
law is reliant on the balance of two “powers”: the degree of good
governance as administered by the sovereign power and the degree of
citizen participation, termed as “citizenry power”. These are the two
active powers that will determine the respect for rule of law in a
country.
Thus, in this aspect, rule of law comprises the system of laws by
which the legislative, executive and judicial branches of government
contribute to the prevention of the arbitrary exercise of their
respective powers upon the citizens, through the preservation of
citizens’ rights in order to advance compliance, sustainability and
predictability of laws for the purpose of generating a well-ordered
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society that shall be susceptible to growth forces that create and
influence the conditions for national development.
“Eunomia”
TABLE OF CONTENTS
I. Prelude 1
II. The Practical Concepts of “Rule of Law” 3
III. The Philosophical and Legalistic Concepts of
“Rule of Law” 4
IV. The Basis of Rule of Law 6
V. The Philippines as a Democratic Government 7
VI. The Concept of National Development 9
VII. Framework of Laws & National Development
10
VIII. Role of the Legislative Power 13
IX. Role of the Executive Power 16
X. Role of the Judiciary 18
XI. Summary 21
XII. Conclusion 25
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A STRUCTURAL APPROACH TO
THE RULE OF LAW
AS A TOOL TO NATIONAL DEVELOPMENT
The Constitution defines
who shall make the law . . .
who shall execute the law . . .
who shall interpret the law . . .
The rule of law to prevail requires good country management
with a well-governed economy where laws are sound and
stable and where the legal interpretation and enforcement of
contractual and statutory obligations are reliable. These
require effective collaboration of
who shall make the law . . .
who shall execute the law . . .
who shall interpret the law . . .
I. PRELUDE
On May 1, 2001, thousands of supporters of deposed
President Joseph Ejercito Estrada amassed before the
Presidential Palace to protest his incarceration, attempting to
dethrone the sitting President in order to restore the deposed
President. The office of President Gloria Macapagal-Arroyo
appealed before the public and declared: "Let the rule of law
prevail."
Six years later, on September 12, 2007, after a decision
was handed down by the Sandiganbayan anti-graft court finding
the former President guilty of the crime of plunder, the
Presidential Spokesman issued the following statement: “We
hope and pray that the rule of law will prevail. Meantime, we
have a country to run, an economy to grow and a peace to win.”
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After the verdict was read, Mr. Estrada proclaimed
before members of media: I submitted myself to the rule of law
when I allowed the impeachment proceedings against me to
take its course. I did not resort to influence."
The above state of affairs imparted a limited application
of the concept of rule of law in three separate but related
historical episodes, that the rule of law is a concept equated
with the “rule of the many” or the “rule of the popular will”.
Prior to these almost exclusive historic events, the
concept of the rule of law was rather obscure in Philippine
politics. From these momentous occurrences, the concept
became a buzzword and gave birth to different perceptions.
The concept is now heavily used in official and
diplomatic addresses, congressional arguments and media
communications. Out on the streets, in coffee shop politics,
barbershop scuttlebutt and neighborhood chatter, much is said,
little is understood and, often than not, the term is
misconstrued.
II. THE PRACTICAL CONCEPT OF “RULE OF LAW”
A man-on-the-street’s perception of the rule of law
operates within a narrow context that the rule of law is a regime
that is not governed by the “law of the jungle”, or the “law of
the streets” or the “rule of the mob”. He identifies rule of law
with “law and order” and ultimately associates the same with
the competence and effectiveness of the law enforcers,
peacemakers or even the courts.
The newspaper and tabloid headlines scream and the
average man in society “gets excited” when a controversial
figure like Jalosjos gets embroiled in a rape scandal, when a
political fugitive like Gringo Honasan is able to elude the
authorities under the guise of a woman or when Trillanes fails
in his attempt to lead a pseudo “Pied Piper” march from the
Makati RTC to the famed Peninsula Hotel. When political or
highly controversial figures are made to stand before the law, it
is undeniable that the integrity of the judicial process is itself
put to judgment by the “law of public opinion” and the “law of
the streets”. Broadly conceived, under the rule of law - no
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politician, public official or private citizen - no one stands
above or beyond the control of the law. Both the citizenry and
the government are mandated to submit to its supremacy.
The relationships between the government and the
citizens are bound by a set of rules, with the key element that
disputes arising therefrom are decided in accordance with laws
that are known, stable, and with equal application to all. This is
a simple and practical workable understanding of the rule of
law.
III. THE PHILOSOPHICAL AND LEGALISTIC CONCEPTS OF
“RULE OF LAW”
The United Nations’ definition of rule of law refers to a
principle of governance in which all persons, public and private
institutions and entities, including the State itself, are
accountable to laws that are publicly promulgated, equally
enforced, independently adjudicated, and which are consistent
with international human rights, norms and standards.1
A World Bank definition of rule of law is that it is a
“legal-political regime under which the law restrains the
government by promoting certain liberties and creating order
and predictability regarding how a country functions. In the
most basic sense, the rule of law is a system that attempts to
protect the rights of citizens from arbitrary and abusive use of
government power.”2
A careful reading of both definitions finds a parallel
ground lying between two sectors. We have the government in
the exercise of its powers and the citizens in the exercise of
their rights, with the law having dominion on both sectors.
The United Nations’ definition focuses on accountability
before the law, while the World Bank definition centers on the
protection of citizens against abusive government power.
Numerous works of jurists describe the rule of law as a
power regulator, where the government in all its actions is
1
The Rule of Law and Transitional Justice, Report of the Secretary-General, 23 August 2004.
2
Yu, Helen and Alison Guernsey, University of Iowa, What is the Rule of Law?
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bound by rules which are known and fixed. Equally, the public
is informed of the authority’s coercive powers so that citizens
may act on the basis of this knowledge. The rule of law is
therefore a system by which it serves as a power regulator on
the government and a controlling power on the citizens.
Within the context of democratic governance as that
prevailing in our country, the practical and philosophical
concepts of rule of law meet at a common point: the rule of law
prevails when a government is limited by law for the benefit of
its citizens.
IV. THE BASIS OF RULE OF LAW
One aspect of rule of law is the requirement of an
existing set of good laws. The concept of rule of law is not rule-
making nor law-making. Lying in its core is the principle that
good laws make good governance which, in turn, uses the rule
of law as one of its arms in reaching out to the citizenry as a
key ingredient towards national development.
Rule of law and good governance require an effective
institutional infrastructure where the factors of accountability,
transparency and security apply horizontally to the three
government powers and which devolve vertically to the
commissions, the cabinet consisting of departments, bureaus
and other institutions, ultimately delivering efficient service to
the public according to constitutional and statutory mandates.
The influence and power of rule of law is initiated by the
enactment of good laws by Congress, effective execution of
such laws by the various institutions and the equitable
interpretation of those laws by the courts. Such functions
should be carried out in a manner that is strong enough to
stimulate citizen participation.
V. THE PHILIPPINES AS A DEMOCRATIC GOVERNMENT
The Executive, Legislative and Judicial branches of the
government, functioning in defined areas of responsibility
through independent institutions and agencies, draw their legal
and political powers from the Constitution, which is drawn up
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by the people and sets the limits and defines the framework
within which the branches can properly function.
The rule of law varies in different countries as it derives
its powers from the states’ respective Constitutions, laws,
customs and traditions. When we say that the rule of law has
prevailed, it virtually means that the constitution has been
upheld and its directives espoused in accordance with its
principles and state policies. As such, there is a direct co-
relationship between law and constitutionalism.
By virtue of our democratic government, the legal
mechanisms of checks and balances constricting the powers of
the three branches are also shared by the citizenry, exercised by
the people over the government in what we may term ‘citizenry
power’. Thus we have the electoral process, initiative and
referendum and recall election as devices allowing citizen
participation in the system of checks and balance.
Hence, the Government and the Constitution, both
created by the people, exist to serve the people. Respect for the
principle of democracy is an aspect of the rule of law.
VI. THE CONCEPT OF NATIONAL DEVELOPMENT
National development involves a forward change in the
different sectors of a country, basically carried out through
socio-economic and political reforms. Its objectives are
primarily set at providing an overall enrichment to the lives of
the people and delivering to them a higher quality of life.
National development entails more than a single action.
It requires fresh inputs and reforms into its natural resources in
order to preserve its environment. It needs social reforms to
enhance quality education, housing, health, alleviate poverty,
provide security against terrorism and extrajudicial killings,
quality education, preserve human dignity and equality to the
highest standards and protection against administrative and
high-level corruption. It needs economic reforms to attract
foreign investments and remove trade barriers.
The Philippines’ population of more than 80 million
inhabitants sets the greatest incentive to induce social reforms
and implement economic diversification to target the progress
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and development of human resources as the single most
powerful component required for national development, i.e.,
human capital. The development dimension is horizontal thus
addressed to the actions of the three branches of government.
VII. FRAMEWORK OF LAWS & NATIONAL DEVELOPMENT
Laws alone do not create national development. Laws
are instruments that could be utilized to create an enabling
environment for the establishment of communal order. It also
establishes conditions that influence and smooth the progress of
revenue-generating activities needed to improve the quality of
life of the citizenry and ultimately attain national development.
The three principal drivers for growth are: (1) the
environment system (2) the socio-economic system and (3) the
political system. In the passage of laws, Congress should
assess conditions existing in each system as to their access and
susceptibility to development and the degree to which they can
be expanded to attain national growth.
The environment system requires control over the
conditions and resources of the country’s natural environment
where laws need to be passed for protection against
environmental degeneration, optimization of agro-ecological
conditions and management and control of the spatial aspects in
the interactions between humans and natural resources, all with
the end in view towards sustainability. Applied to our society,
this includes controls affecting mining, fishing, farming and
land use, among others, with responsibilities shared by the
Bureau of Forestry, Bureau of Lands, Bureau of Fisheries and
Bureau of Mines, all of which fall under the Department of
Environment and Natural Resources.
The socio-economic system includes the development of
the country’s human resources, human rights, property rights,
tourism, trade and industry, security, infrastructure and the
private sector. Laws should advance economic freedom by
removing barriers that allow trade to flourish and open the
economy to the beneficial forces of globalization while
preventing excesses, laws that stimulate and develop human
and capital productivity. This includes acceleration of
educational and skills training, agrarian reform, liberalization of
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foreign investments, protection for overseas foreign workers,
eradication of corruption and elimination of terrorism, to name
a few, falling under the shared responsibilities of the
Departments of Education, Labor and Employment, Public
Works, National Defense, Trade and Industry, Tourism,
Agrarian Reform and Foreign Affairs.
The political and legal systems oversee and regulate the
activities of the two aforementioned systems through political
institutions and public administration. The court structure and
its institutions safeguard civil and political liberties.
At the top-most level, the conceptual framework is
headed by the three powers of government which enact, execute
and defend a system of laws and rules, within their respective
jurisdictions. The second level consists of the institutions, in
form of departments and bureaus, to which powers devolve for
enforcement. The third level depicts the system of law and
rules and regulations to be enforced, implemented and
interpreted. This system of rules, when applied on the fourth
level of the growth system - composed of a network of
environment, socio-economic and political and legal forces -
develops a growth mosaic which forms the essential parts of
national development.
National development cannot be attained without the
influence of forces derived from external sources lying beyond
our territorial boundaries. These come in the form of foreign
investments, treaties, overseas development assistance, and
foreign technology including the inputs of development and
financial organizations and our partners in development such as
the United Nations, World Bank, Asian Development Bank and
the ASEAN. Thus the framework essentially includes the fifth
level, representing the foreign forces that evolve a reciprocal
exchange with our national market forces.
Summarily, the structural process describes the flow of
government authority through a system of laws over a network
of institutions, applied to a growth system of environment,
socio-economic and political and legal institutions, including
the foreign forces operating thereon, and on to the subject
citizenry for their ultimate benefit.
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VIII. ROLE OF THE LEGISLATIVE POWER
The legislative branch, as the law-making body of the
government, should enact laws articulating citizen interests and
public need, address the demands of the economy, and
stimulate growth and create civil order. A policy of stability
will attract and stimulate investments and provide the
continuity and time horizons that investors need in planning out
project forecasts.
When laws are relevant and responsive to the
requirements of the intended beneficiaries, they effectively
connect people to the government and good governance results
as a consequence.
Designed to address social, economic and political needs,
laws should build capacity to address any situation that must be
reformed and integrated with an ideal guarantee for compliance.
Reforms that cause resistance aggravate corruption, terrorism
and abuse of power in their implementation. Ineffective laws
are detrimental to good governance and consequently
undermine respect for the rule of law. Ultimately, they negate
economic development.
Resistance is demonstrated in the recently enacted anti-
terror law under R. A. 9372 Human Security Act which fueled
domestic opposition and international concern on allegations
that its vague language invites the misuse of such law.
The Foreign Investment Act, Omnibus Investments
Code, Retail Trade Liberalization Act, Special Zone Act, Build-
Operate-Transfer Law and the concurrence to the World Trade
Organization Treaty are acts of legislation on reforms that spur
economic development and respond to global demands that
bring to life the constitutional mandate to develop a self-reliant
and independent national economy.
The Labor Code, the Migrant Workers and Overseas
Filipinos Act and the proposal to negotiate for bilateral labor
agreements with countries hosting Filipino workers are pieces
of legislation that serve the constitutional mandate to protect
rights of workers and promote their welfare.
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There are several proposed amendments to existing laws
and bills relating to the Tourism Act, quality affordable
medicines, the intellectual property code and human rights. The
need to amend the Government Procurement Reform Act under
Senate Bill No. 1793 for better policies on full public disclosure
of all government transactions involving public interest
demonstrates legislative response to demands for transparency
and accountability.
These legislative mechanisms regulate and control the
environment. They establish an order that provides the smooth
interaction of the forces of man, rules, programs and capital.
They comply with constitutional mandates while inducing
individual growth and national development. When these
conditions exist, the rule of law is said to prevail.
IX. ROLE OF THE EXECUTIVE
The Executive power includes the implementation of the
acts of Congress, enforced and executed through various
institutions. Being a large bureaucracy, it consists of
departments which are created by the legislature to exercise
legally defined regulatory powers and which, in turn, form
several institutions which execute the laws in accordance with
the mandate of Congress, through policies and implementing
rules and regulations.
Good governance is an extension of the principle of the
rule of law. Kofi Annan, former Secretary General of the
United Nations, had declared that "Good governance is perhaps
the single most important factor in eradicating poverty and
promoting development."
Good governance is best described by the United Nations
Development Program (UNDP) and defines it as “the exercise
of economic, political, and administrative authority to manage a
country’s affairs at all levels. It comprises mechanisms,
processes, and institutions through which citizens and groups
articulate their interests, exercise their legal rights, meet their
obligations, and mediate their differences”.
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The definition imparts the structural process describing
the flow of government authority over a network of institutions
and on to the subjects who act and operate, in accordance with
defined rules.
Investors are attracted to economies where there are
proper functioning institutions that promote stability and legal
certainty. Investors prefer to go where governance is good.
They go where the rules are stable and where laws do not
change overnight and wipe out a business by a mere change of
legislation.
The creation of the Presidential Anti-Graft Commission
to strengthen institutionalized measures against graft and
corruption, special economic zones, tax reforms, election
reforms, the creation of the barangay justice system and the
mediation system at the Departments of Agrarian Reform and
Environment and Natural Resources to resolve controversies
closer to the grass roots - these are but few cases where
executive acts, based on legislative mandates, open our markets
to more investments, establish social order, and enhance human
capital.
A capacity for law enforcement must be developed. Due
process must be implemented and respect for human rights
must be enhanced. A secure and prosperous environment for
public order must be created. Foreign policies must be
designed to promote national growth. Such a system can only
exist where rule of law prevails.
X. THE ROLE OF THE JUDICIARY
“Without a vigorous rule of law, defended by an
independent judiciary, rights are not safe and the equality and
dignity of all citizens are at risk. Only when the rule of law
bolsters the democratic dimensions of rights, equality, and
accountability will the responsiveness of government to the
interests and needs of the greatest number of citizens be
achieved.3
3
O’Donnell, Guillermo A., Why the Rule of Law Matters, Journal of Democracy – Vol. 15, No. 4, October
2004, pp. 32-46
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Sound laws protect the citizens from consequences of
their infringement and serve as a shield against abuses of the
authorities. The primary role of the judiciary is the
administration of justice, in accordance with laws enacted by
legislature and to safeguard civil liberty by defending these
laws. A strong and independent judiciary is vital to the
economic and social development of the nation since a strong
legal system and adherence to the rule of law are components of
The concept of rule of law puts the weight of its
effectiveness on how the legal system sustains the laws in
resolving conflicts, applying them equally to all its citizens and
consistently over time.
Several recent judgments have demonstrated the
sensitivity of the courts to promoting the rule of law in the
pursuit of national development.
By declaring the Mining Law under R. A. 79424
as
constitutional, the Supreme Court participated in the
advancement of economic development through increased
mining activities that translated to billions worth of investments
and created more job opportunities, which was the goal of this
legislation.
The Court upheld the Senate’s concurrence to the WTO5
membership by recognizing the free market espoused by the
WTO and its status as the only viable structure for multilateral
trading.
The Supreme Court defended the people’s rights when it
struck down the “calibrated pre-emptive response” 6
embodied
in Presidential Proclamation No. 1017 which was used as basis
for violent dispersals of peaceful assemblies.
A significant test of the force of the rule of law in the
Philippines took place when the Supreme Court upheld the
constitutional power of a co-equal branch to conduct legislative
inquiries in aid of legislation and invalidated an act of another
co-equal branch when it declared certain provisions of
4
La Bugal vs Ramos, G. R. 127882, 1 December 2004.
5
Tanada vs Angara, G. R. No. 118295, 2 May 1997
6
David vs Arroyo, G. R. 171396, 3 May 2006
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Executive Order No. 4647
as unconstitutional. It upheld the
right of lawmakers to compel the appearance of officials of the
executive branch in legislative inquires so as not to frustrate
legislative investigations and serve the people’s right to take
part in government affairs.
The above cases, brought to the Supreme Court for
resolution, are manifestations of its mandate to uphold the
supremacy of the law and maintain equality before the law,
which are the basic precepts of the principle of rule of law.
XI. SUMMARY
All three powers of government utilize laws
and rules as mechanisms to achieve good
governance, which is a pre-condition to achieve
The force of rule of law commands civil
order and requires such order as a condition for
rule of law to prevail. To be operative, it
mandates a set of laws, the primacy of such laws
and the adherence of society to such laws.
Congress determines the laws that go into the
system and bears the responsibility to formulate
good, sound and strong laws, articulating citizen
preference and public need. Laws are good when
they create rights, stimulate opportunities for
growth, facilitate the management of national
economy and protect people and investments.
They are sound when they involve legal certainty,
contain no infirmities, are consistent with
international standards and are predictable and
enduring. They are strong when they are stable,
7
Senate vs Ermita, G. R. No. 169777, 20 April 2006
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but not stagnant, and can break down trade
barriers to allow foreign investments to come in.
Effective laws are good laws. Good laws
stimulate compliance. Compliance to laws is
respect for the rule of law. The rule of law
contributes to national development.
The Executive bears the responsibility to
enforce the law, through its bureaucracy, by way
of orders, proclamations and implementing rules
and regulations in accordance with the spirit
intended by Congress and is mandated to bring
out the effect of such laws pursuant to the
objectives they were set out for. The onus of law
enforcement is addressing laws to their intended
beneficiaries, balancing the various interests in
society in order to form the synergy required for
progressive-oriented actions. Good law
enforcement optimizes the pieces of legislation as
instruments to license, protect, regulate, generate
or to charge.
Proper use of laws on the appropriate subjects
will induce obedience to laws and regulations.
Building capacity and developing an attitude for
ensuring compliance to laws is an order for the
Executive, with a duty to close gaps between
legal pronouncements and enforcement while
infusing transparency and accountability into the
enforcement process. Without compliance, laws
and regulations are inconsequential. Disregard of
the law undermines the rule of law. The absence
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of the rule of law is absence of public order and
closes the doors to foreign investments. In an age
of globalization, lack of foreign capital will
impede national development.
While the Legislative and the Executive participate
indispensably in establishing the force of rule of law
upon society, a point in fact is that the heaviest
burden of upholding the principle is loaded on the
shoulders of the Judiciary as the guardian of the
rule of law.
While a system of checks and balances aligns and
delineates the respective jurisdictions of the three
powers, judicial reach covers not only civil
society but extends even over their co-equal
branches through judicial reviews in order to
determine whether or not legislative and
executive acts lie within the bounds of the
Constitution, to which pronouncements Congress
and the President must defer.
Rule of law prevails where laws exist, where laws
are observed and where laws are upheld.
Investors go where the legal system provides
recourse when their rights are denied by private
parties or by public administration. Legal
systems that provide strong legal protection for
offended parties and investors will allow the
implementation of reforms and market-oriented
programs executed and protected under legal
basis, thus making risks predictable and
calculable.
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XII. CONCLUSION
The reins of the government are held by the Legislative,
Executive and the Judiciary. Whether the exertions to reach the goal
are evenly balanced or not, the horses that pull the carriage will reach
their target destination all at the same time. Following the wisdom of
an aphorism, it does not matter which horse had brought the carriage to
the finish line.
We must admit that the common man on the street, the average
Filipino belonging to the majority of the population below the poverty
line, does not probably think of national development. He will not
monitor the country’s economic indicators. He gives no importance if
we can attain our 7% economic growth target for 2007. Claims for one
million jobs are irrelevant to him if he is employed. He even complains
of a strong peso because the overseas remittance he receives from the
Middle East had become less. The expressions of a prosperous
economy, the guarantee of his civil liberty . . . these are abstract
ideologies to his mind and too complicated for him to appreciate. What
then is relevant to him?
The average Filipino rates the government in accordance with
the improvement of his standard of living on a day-to-day basis. To
him the government is doing well if he himself receives a regular salary
increase. He is happy if the price of “pandesal” can be maintained at
P2.00 apiece, if his electricity bill does not fluctuate significantly, if the
cost of his LPG stays constant from one purchase to the other, if he still
has money left to put aside for savings, if he is secure in his home and
his neighbor does not steal his chickens, most important, if he can
provide his children a better education and give them a better life than
what he had. These are his economic indicators.
With priority over all other resources, the Philippines should
invest more in its most potent asset, that is, human capital. This for the
most part involves reforms and programs that intensify the ability to
subject the people’s attitudes (referring to mental facilities) and
behavior (referring to physical actions) under the supremacy of laws.
Where the law is supreme, there is order. Where there is order,
investors find their way in the markets with facility because all forces
take their own course. Where the economy is market-oriented, there is
national development. When all these happen, rule of law prevails.
Laws build civil order, civil order builds industries, industries build
economies, economies build a nation.
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All said, the rule of law as a tool to national development may
be summarized in the following conceptual structural framework.
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- 17 -
- Implementing Rules
& Regulations
- Executive Orders
- Proclamations
- Policies
- Other issuances
Overseas
Development
Assistance
ASEAN
UN
International Treaties
Foreign Investments
World Bank
Conceptual Structural Framework
POWERS
LAW & RULES
GROWTH SYSTEM
D A R
D B M
D e p E d
D o E
D F A
D o H
D I L G
D o J
D O L E
D N D
D P W H
D o S TD S W D D o TD T I D o T CN E D A
L E G I S L A T I V E E X E C U T I V E J U D I C I A R Y
C A S B
S C
C T A
R T C S D C
M C T C S C CM e T C M T C
Rules
- Procedure
- Pleadings
- Practice
- Legal Profession
- Protection & Enforcement
of Constitutional Rights
- Constitution
- Revised Penal Code
- Civil Code
- Code of Commerce
- Other Legislations
C o m m i t te e s :
B l u e R i b b o n
E c o n o m i c A f f a i r s
E t h i c s
F i n a n c e
F o r e i g n R e l a t i o n s
E d u c a t i o n
E n e r g y
J u s t i c e
R u l e s
W a y s & M e a n s
O t h e r s
S o c i o - E c o n o m i c
E n v i r o n m e n t
P o l i t i c a l
&
L e g a l
INSTITUTIONS
FOREIGN FORCES
CITIZENRY
NATIONAL DEVELOPMENT

Thus, we can sufficiently conclude that the operation of
the rule of law is effective when it follows an orderly structural
process which recognizes authorities and symbiotic
relationships existing in all levels of government that
adequately influence the creation of conditions susceptible to
Conformably, we may revisit the message embodied in
the “Prologue” of this piece of writing which had attributed a
structural approach to the rule of law as a tool in national
development.
The rule of law is of great consequence to national
development because the Constitution and the
system of codes, laws and rules define the legal
framework and the government structure within
which socio-economic and political activities that
lead to national development can take place.
REFERENCES
Dobriansky, Paula, U.S.A. Under Secretary of State for Global
Affairs. Principles of Good Governance, located at
http://www.usinfo.state.gov/journalsites0303/ijee/dobriansky.htm
Bo Li, What is Rule of Law?, Perspectives, Vol. 1, No. 5,
located at http://www.oycf.org/Perspectives/5_043000/what_is_
rule_of_law.htm.
Resnick, Danielle and Birner, Regina, Does Good Governance
Contribute to Pro-Poor Growth? located at http://www.ifpri.org/divs/
dsgd/papers/dsgdp30.pdf
World Bank, Yu, Helen and Alison Guernsey, What is the Rule
of Law?, located at http://www.uiowa.edu/ifdebook/faq/
Rule_of_Law.shtml
Websites of Malacanang, Senate, Supreme Court, NEDA.
- 18 -

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