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Good governance, that is, effective government based on non-arbitrary decision-making, is central to a country's successful development or transition to a market-oriented economy. This Manual explores the critical relationship between law making and development. It aims to equip legislative drafters with the conceptual tools and specific techniques they need to draft laws likely to bring about the institutional transformation necessary for good governance. Designed as a practical aid for practitioners in the developing and transitional worlds, this work demonstrates how, within constitutional and other limits, a drafter should structure a bill, provides instruction in drafting amendments and subordinate legislation, and describes the skills required to write the clear, unambiguous and readily-interpreted provisions required to achieve a bill's policy objectives. It provides a model for a research report that, based on facts and logic, will justify the bill's detailed provisions and demonstrate that the responsible agency will implement them effectively. The final section focuses on drafting laws to facilitate government decision-making in accordance with the rule of law. In particular, it suggests devices for drafting defensively against corruption, thus providing the legislative environment essential for successful transition and development.
'Ann and Robert Seidman have written an invaluabe theoretical (and practical) guide for those concerned with the role of the state in development.'- Bereket Habte Selassie, Professor of African Studies, Howard University 'State and Law in the Development Process is a scholarly work and essential reading for undergraduate and postgraduate students taking courses on the Third World, its history and development. It provides an excellent bibliography and analysis which sets out the fundamentals of research into the future development of the Third World. Expertly written, it embodies a research methodology which is linked to a theoretical perspective.' - John F. McEldowney, Senior Lecturer in Law, University of Warwick The post-1945 collapse of colonialism and the emergence of new nationalist governments seemed to promise plenty for all third-world peoples. Four decades later, those promises lay in shards. This book proposes a theory to explain the failure of third-world states to transform the institutions that produce poverty and powerlessness for the mass of the population. Based on that theory, it proposes a methodology designed to facilitate the democratic exercise of state power through law to empower third world peoples to play an effective role in building a peaceful world of plenty for all.
Development experts have increasingly recognized the importance of improving the use of law to foster good governance and implement more effective development strategies.;Bringing together the views of a number of commentators, each drawing on extensive experience as consultants in developing or transitional countries, the authors argue how law-makers might best go about building a national legal framework, as well as the necessary institutional structures of good governance which can serve as a foundation for their country's social and economic development. They differ on the extent to which each country's unique circumstances should be taken into account in drafting reform legislation, whether importing successful legislation from other countries is appropriate, and the role of legislative theory in formulating new laws.;Bringing these divergent approaches together has produced a challenging book which should encourage readers to contribute creatively to improving national law-making processes, and help build the kinds of national, and increasingly global, legal frameworks required to make development work.
'Ann and Robert Seidman have written an invaluabe theoretical (and practical) guide for those concerned with the role of the state in development.'- Bereket Habte Selassie, Professor of African Studies, Howard University 'State and Law in the Development Process is a scholarly work and essential reading for undergraduate and postgraduate students taking courses on the Third World, its history and development. It provides an excellent bibliography and analysis which sets out the fundamentals of research into the future development of the Third World. Expertly written, it embodies a research methodology which is linked to a theoretical perspective.' - John F. McEldowney, Senior Lecturer in Law, University of Warwick The post-1945 collapse of colonialism and the emergence of new nationalist governments seemed to promise plenty for all third-world peoples. Four decades later, those promises lay in shards. This book proposes a theory to explain the failure of third-world states to transform the institutions that produce poverty and powerlessness for the mass of the population. Based on that theory, it proposes a methodology designed to facilitate the democratic exercise of state power through law to empower third world peoples to play an effective role in building a peaceful world of plenty for all.
In this volume twenty-two international consultants examine their work as part of a United Nations Development Program project aimed at strengthening China's legislative drafting capacity. They describe the project's legislative theory and methodology, and examine their own work with Chinese teams. By drawing on other countries' experiences with similar legislation, the teams worked together to draft twenty-two bills on the national budget, legislative procedures, environmental protection and education which were suited to China's unique circumstances.
This collection of original essays brilliantly interrogates the often ambivalent place of Africa in the imaginations, cultures and politics of its "New World" descendants. Combining literary analysis, history, biography, cultural studies, critical theory and politics, Imagining Home offers a fresh and creative approach to the history of Pan-Africanism and diasporic movements. A critical part of the book's overall project is an examination of the legal, educational and political institutions and structures of domination over Africa and the African diaspora. Class and gender are placed at center stage alongside race in the exploration of how the discourses and practices of Pan-Africanism have been shaped. Other issues raised include the myriad ways in which grassroots religious and cultural movements informed Pan-Africanist political organizations; the role of African, African-American and Caribbean intellectuals in the formation of Pan-African thought-including W.E.B. DuBois, C.L.R. James and Adelaide Casely Hayford; the historical, ideological and institutional connections between African-Americans and South Africans; and the problems and prospects of Pan-Africanism as an emancipatory strategy for black people throughout the Atlantic.
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