Transformative Rule of Law ― Theory and Practice

The provision of international rule of law assistance, where ‘rule of law practitioners’ support the efforts of developing, post-conflict and transitioning countries to construct a rule of law, has been ongoing since the 1940’s. The results of nearly eight decades of rule of law assistance have, however, been disappointing, and it is now a widely shared perception that there has been little success in actually fostering the rule of law. The proposed book develops a new approach to rule of law assistance by addressing anew one of the key reasons cited for this lack of success: namely, an inadequate understanding of how change occurs. Vivienne O’Connor proposes an approach to constructing a rule of law that is based on contemporary theories of change and of change management. Taking into account, and providing strategies to address, fundamental truths about change that have been willfully ignored by the rule of law community is, she argues, vital. She then sets out a theory of the ‘transformative rule of law’, as well as providing concrete methodologies, which together provide a process-focused approach that can be applied to rule of law reform in developing countries.