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The Judiciary
Each political system develops its own
structures for conflict and dispute resolution. How
such institutions operate have a great bearing on popular
perceptions of regime performance. For example, persons
who have been maltreated by public officials or find
themselves in conflict with others must have an authoritative
instance to call upon for a fair hearing.
The adjudicatory function, however,
goes beyond the boundaries of individual cases. It also
includes how conflicts between groups in society are
handled, even conflicts with other countries. What rules
apply to resolving such conflicts? This is an important
governance question. The legal culture that develops
as a result of how arbitration in this broader sense
is carried out is important for how people perceive
not only the judiciary but also the political system
at large. While the notion of rule of law is important,
many societies also have informal mechanisms for resolving
conflicts between government and private actors. Such
is the case, for example, in many Asian countries. There
is little doubt that the adjudicatory dimension is important
for governance, especially in developing and transitional
societies where rules are in flux. How they can be stabilized
and turned into institutions that enjoy the confidence
of citizens is of vital significance.
New Paper: The Judiciary and Governance
in 16 Developing Countries
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385KB) 