Rule of Law Reform and Development

Rule of Law Reform and Development

Charting the Fragile Path of Progress

Michael J. Trebilcock and Ronald J. Daniels

This important book addresses a number of key issues regarding the relationship between the rule of law and development. It presents a deep and insightful inquiry into the current orthodoxy that the rule of law is the panacea for the world’s problems. The authors chart the precarious progress of law reforms both in overall terms and in specific policy areas such as the judiciary, the police, tax administration and access to justice, among others. They accept that the rule of law is necessarily tied to the success of development, although they propose a set of procedural values to enlighten this institutional approach. The authors also recognize that states face difficulties in implementing this institutional structures and identify the probable impediments, before proposing a rethink of law reform strategies and offering some conclusions about the role of the international community in the rule of law reform.

Chapter 5: Correctional Institutions

Michael J. Trebilcock and Ronald J. Daniels

Subjects: development studies, development economics, law and development, economics and finance, development economics, law and economics, law - academic, law and development, law and economics


I. NORMATIVE BENCHMARKS Several international documents elucidate how the rights guaranteed to all persons by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights translate into specific standards for the treatment of prisoners. The United Nations Standard Minimum Rules for the Treatment of Prisoners, adopted by the UN Economic and Social Council in 1957, is the most comprehensive of these guidelines. The Standard Minimum Rules set detailed standards for the condition of food, clothing, housing, medical services, discipline and punishment practices, institutional arrangements and other aspects of prison conditions. Other sets of standards, codes Article 10 of the ICCPR states: 1. All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons; (b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication. 3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status. International Covenant on Civil and Political Rights, G.A. res. 2200A (XXI), 21 UN GAOR Supp. (No. 16) at 52, UN Doc. A/6316 (1966), 999 UNTS 171, entered into force March 23, 1976. These documents include the United...

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