Non-Fiction Books:

Rules on paper, rules in practice

enforcing laws and policies in the Middle East and North Africa
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Paperback / softback
$104.00
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Description

The primary focus of this book is on a specific outcome of the rule of law: the practical enforcement of laws and policies, and the determinants of this enforcement, or lack thereof. Are there significant and persistent differences in implementation across countries? Why are some laws and policies more systematically enforced than others? Are "good" laws likely to be enacted, and if not, what stands in the way? We answer these questions using a theoretical framework and detailed empirical data and illustrate with case studies from Morocco, Tunisia and Jordan. We believe that the best way to understand the variation in the drafting and implementation of laws and policies is to examine the interests and incentives of those responsible for these tasks - policymakers and bureaucrats. If laws and their enforcement offer concrete benefits to these ruling elites, they are more likely to be systematically enforced. If they don't, implementation is selective, discretionary, if not nil. Our first contribution is in extending the application of the concept of the rule of law beyond its traditional focus on specific organisations like the courts and the police, to economic sectors such as customs, taxation and land inheritance, in a search for a direct causal relationship with economic development outcomes. Instead of limiting ourselves to a particular type of organisation or a legalistic approach to the rule of law, we present a broader theory of how laws are made and implemented across different types of sectors and organisations. Our second contribution is in demonstrating how powerful interests affect implementation outcomes. The incentives elites have to build and support rule-of-law institutions derive from the distribution of power in society, which is partly a historical given. The point we make is that it is not deterministic. Realigning the incentive structures for reform among key actors and organisations, through accountability and competition, can dramatically improve the chances that rule-of-law institutions will take root. On the other hand, building the capacity of organizations without first changing institutional incentives is likely to lead to perverse outcomes.
Release date NZ
July 30th, 2016
Pages
151
Audience
  • Professional & Vocational
Illustrations
col. figs, tables
Dimensions
178x260x8
ISBN-13
9781464808869
Product ID
25653504

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