Dissertation

Augmenting the Rule of Law: The Changing Conception of “Rule of Law” in the Law and Development Paradigm

Farrington, Francesca M

2017

Overview

Since the turn of the century, development has undergone a radical transformation. The enhancement of human capabilities has grown to overshadow the market fundamentalism which previously guided development projects. This injection of capabilities into development theory has resulted in a call to reconceptualise the relationship between law and development. Answering this call, this thesis considers the impact these changes have on the prevailing conception of rule of law. Drawing from the seminal texts of Amartya Sen, this thesis rethinks the rule of law in the third movement of law and development doctrine. Ultimately, this thesis will propose an augmented rule of law which includes: open impartiality, deliberative democracy, and second generation rights. In order to illustrate the need for an augmented rule of law this thesis will present a case study on the reception services for asylum seekers in Ireland, known as ‘direct provision’. While Ireland ranks highly on all development indexes, marginalised groups, such as asylum seekers, continue to face persistent inequality. The failure of the current rule of law paradigm to meaningfully address the plight of these marginalised individuals underscores the pressing need for a new approach to rule of law reform, one which can tackle global poverty, and align the rule of law with the 21st century conception of development as freedom.

• Publisher: ProQuest Dissertations & Theses
• Subject: Human rights / Law / Refugees / Rule of law
• ISBN: 9798582583356