A Structural Approach to the Rule of Law as a Tool to National Development, PJA Essay Winner 3rd

7/30/2019 A Structural Approach to the Rule of Law as a Tool to National Development, PJA Essay Winner 3rd

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A STRUCTURAL APPROACH TO

THE RULE OF LAW

AS A TOOL TO NATIONAL DEVELOPMENT

SUBMITTED UNDER THE PSEUDONYM

Eunomia


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EunomiaIn Greek mythology, Eunomia was the goddess of law and

legislation, of good order and lawful conduct. She was associated

with the internal stability of a state, including the enactment of

good laws and the maintenance of civil order.

In present day Greek language, the word eunomia developed a

meaning associated with the goddess virtues and high moral

standards and the word was adopted to mean good order,

governance according to good laws.

The present legal system of Greece designates the Ombudsman to

intervene in controversies involving individuals or legal entities

against the public administration. The mediation process serves to

protect the rights of the former and to ensure the compliance of the

latter to the rule of law, operating as a measure to triumph over

maladministration.

To demonstrate the significance of good laws and civil order in the

Greek culture, the Ombudsmans current international activitiesinclude a Eunomia project, an action plan tasked to establish

Ombudsman-type of mediation institutions in Southeast Europe,

run under the auspices of the Council of Europe.

____________________

REFERENCES :

http://www.greekembassy.nl/press

http://en.wikipedia.orgwiki/Horae


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Prologue

The rule of law is of great consequence to national development

because the Constitution and the system of codes, laws and rulesdefine the legal framework and the government structure within which

socio-economic and political activities that lead to national

development can take place.

A treatment of the rule of law and its role in national development is

covered in the succeeding pages in the context of its operation within

a governmental framework. The function of the rule of law within a

structural process flows from the sovereign power, through a set of

laws, over a network of institutions, directed at the growth forces of

development and on to the subjects who are expected to act andperform in accordance with defined rules. The function of the rule of

law is reliant on the balance of two powers: the degree of good

governance as administered by the sovereign power and the degree of

citizen participation, termed as citizenry power. These are the two

active powers that will determine the respect for rule of law in a

country.

Thus, in this aspect, rule of law comprises the system of laws by

which the legislative, executive and judicial branches of governmentcontribute to the prevention of the arbitrary exercise of their

respective powers upon the citizens, through the preservation of

citizens rights in order to advance compliance, sustainability and

predictability of laws for the purpose of generating a well-ordered

society that shall be susceptible to growth forces that create and

influence the conditions for national development.

Eunomia


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TABLE OF CONTENTS

I. Prelude 1II. The Practical Concepts of Rule of Law 3III. The Philosophical and Legalistic Concepts of

Rule of Law 4

IV. The Basis of Rule of Law 6V. The Philippines as a Democratic Government 7VI. The Concept of National Development 9VII. Framework of Laws & National Development 10VIII. Role of the Legislative Power 13IX. Role of the Executive Power 16X. Role of the Judiciary 18XI. Summary 21XII. Conclusion 25

References


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A STRUCTURAL APPROACH TO

THE RULE OF LAWAS A TOOL TO NATIONAL DEVELOPMENT

The Constitution defines

who shall make the law . . .

who shall execute the law . . .

who shall interpret the law . . .

The rule of law to prevail requires good country management

with a well-governed economy where laws are sound and stableand where the legal interpretation and enforcement of

contractual and statutory obligations are reliable. These

require effective collaboration of

who shall make the law . . .

who shall execute the law . . .

who shall interpret the law . . .

I. PRELUDE

On May 1, 2001, thousands of supporters of deposed

President Joseph Ejercito Estrada amassed before the

Presidential Palace to protest his incarceration, attempting to

dethrone the sitting President in order to restore the deposed

President. The office of President Gloria Macapagal-Arroyo

appealed before the public and declared: "Let the rule of law

prevail."


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Six years later, on September 12, 2007, after a decision

was handed down by the Sandiganbayan anti-graft court finding

the former President guilty of the crime of plunder, the

Presidential Spokesman issued the following statement: We

hope and pray that the rule of law will prevail. Meantime, we

have a country to run, an economy to grow and a peace to win.

After the verdict was read, Mr. Estrada proclaimed

before members of media: I submitted myself to the rule of law

when I allowed the impeachment proceedings against me to

take its course. I did not resort to influence."

The above state of affairs imparted a limited application

of the concept of rule of law in three separate but related

historical episodes, that the rule of law is a concept equated

with the rule of the many or the rule of the popular will.

Prior to these almost exclusive historic events, the

concept of the rule of law was rather obscure in Philippine

politics. From these momentous occurrences, the concept

became a buzzword and gave birth to different perceptions.


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The concept is now heavily used in official and

diplomatic addresses, congressional arguments and media

communications. Out on the streets, in coffee shop politics,

barbershop scuttlebutt and neighborhood chatter, much is said,

little is understood and, often than not, the term is

misconstrued.

II. THE PRACTICAL CONCEPT OF RULE OF LAW

A man-on-the-streets perception of the rule of law

operates within a narrow context that the rule of law is a regime

that is not governed by the law of the jungle, or the law of

the streetsor the rule of the mob. He identifies rule of law

with law and order and ultimately associates the same with

the competence and effectiveness of the law enforcers,

peacemakers or even the courts.

The newspaper and tabloid headlines scream and the

average man in society gets excited when a controversial

figure like Jalosjos gets embroiled in a rape scandal, when a

political fugitive like Gringo Honasan is able to elude the

authorities under the guise of a woman or when Trillanes fails


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in his attempt to lead a pseudo Pied Piper march from the

Makati RTC to the famed Peninsula Hotel. When political or

highly controversial figures are made to stand before the law, it

is undeniable that the integrity of the judicial process is itself

put to judgment by the law of public opinion and the law of

the streets. Broadly conceived, under the rule of law - no

politician, public official or private citizen - no one stands

above or beyond the control of the law. Both the citizenry and

the government are mandated to submit to its supremacy.

The relationships between the government and the

citizens are bound by a set of rules, with the key element that

disputes arising therefrom are decided in accordance with laws

that are known, stable, and with equal application to all. This is

a simple and practical workable understanding of the rule of

law.

III. THE PHILOSOPHICAL AND LEGALISTIC CONCEPTS OFRULE OF LAW

The United Nations definition of rule of law refers to a

principle of governance in which all persons, public and private


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institutions and entities, including the State itself, are

accountable to laws that are publicly promulgated, equally

enforced, independently adjudicated, and which are consistent

with international human rights, norms and standards.1

A World Bank definition of rule of law is that it is a

legal-political regime under which the law restrains the

government by promoting certain liberties and creating order

and predictability regarding how a country functions. In the

most basic sense, the rule of law is a system that attempts to

protect the rights of citizens from arbitrary and abusive use of

government power.2

A careful reading of both definitions finds a parallel

ground lying between two sectors. We have thegovernmentin

the exercise of its powers and the citizens in the exercise of

their rights, with the law having dominion on both sectors.

The United Nations definition focuses on accountability

before the law, while the World Bank definition centers on the

protection of citizens against abusive government power.

1The Rule of Law and Transitional Justice, Report of the Secretary-General, 23 August 2004.2 Yu, Helen and Alison Guernsey, University of Iowa, What is the Rule of Law?


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Numerous works of jurists describe the rule of law as a

power regulator, where the government in all its actions is

bound by rules which are known and fixed. Equally, the public

is informed of the authoritys coercive powers so that citizens

may act on the basis of this knowledge. The rule of law is

therefore a system by which it serves as a power regulator on

the government and a controlling power on the citizens.

Within the context of democratic governance as that

prevailing in our country, the practical and philosophical

concepts of rule of law meet at a common point: the rule of law

prevails when a government is limited by law for the benefit of

its citizens.

IV. THE BASIS OF RULE OF LAW

One aspect of rule of law is the requirement of an

existing set of good laws. The concept of rule of law is not rule-

making nor law-making. Lying in its core is the principle that

good laws make good governance which, in turn, uses the rule

of law as one of its arms in reaching out to the citizenry as a

key ingredient towards national development.


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Rule of law and good governance require an effective

institutional infrastructure where the factors of accountability,

transparency and security apply horizontally to the three

government powers and which devolve vertically to the

commissions, the cabinet consisting of departments, bureaus

and other institutions, ultimately delivering efficient service to

the public according to constitutional and statutory mandates.

The influence and power of rule of law is initiated by the

enactment of good laws by Congress, effective execution of

such laws by the various institutions and the equitable

interpretation of those laws by the courts. Such functions

should be carried out in a manner that is strong enough to

stimulate citizen participation.

V. THE PHILIPPINES AS A DEMOCRATIC GOVERNMENT

TheExecutive, Legislative andJudicial branches of the

government, functioning in defined areas of responsibility

through independent institutions and agencies, draw their legal

and political powers from the Constitution, which is drawn up


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by the people and sets the limits and defines the framework

within which the branches can properly function.

The rule of law varies in different countries as it derives

its powers from the states respective Constitutions, laws,

customs and traditions. When we say that the rule of law has

prevailed, it virtually means that the constitution has been

upheld and its directives espoused in accordance with its

principles and state policies. As such, there is a direct co-

relationship between law and constitutionalism.

By virtue of our democratic government, the legal

mechanisms of checks and balances constricting the powers of

the three branches are also shared by the citizenry, exercised by

the people over the government in what we may term citizenry

power. Thus we have the electoral process, initiative and

referendum and recall election as devices allowing citizen

participation in the system of checks and balance.

Hence, the Government and the Constitution, both

created by the people, exist to serve the people. Respect for the

principle of democracy is an aspect of the rule of law.


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VI. THE CONCEPT OF NATIONAL DEVELOPMENT

National development involves a forward change in the

different sectors of a country, basically carried out through

socio-economic and political reforms. Its objectives are

primarily set at providing an overall enrichment to the lives of

the people and delivering to them a higher quality of life.

National development entails more than a single action.

It requires fresh inputs and reforms into its natural resources in

order to preserve its environment. It needs social reforms to

enhance quality education, housing, health, alleviate poverty,

provide security against terrorism and extrajudicial killings,

quality education, preserve human dignity and equality to the

highest standards and protection against administrative and

high-level corruption. It needs economic reforms to attract

foreign investments and remove trade barriers.

The Philippines population of more than 80 million

inhabitants sets the greatest incentive to induce social reforms

and implement economic diversification to target the progress

and development of human resources as the single most

powerful component required for national development, i.e.,


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human capital. The development dimension is horizontal thus

addressed to the actions of the three branches of government.

VII. FRAMEWORK OF LAWS & NATIONAL DEVELOPMENT

Laws alone do not create national development. Laws

are instruments that could be utilized to create an enabling

environment for the establishment of communal order. It also

establishes conditions that influence and smooth the progress of

revenue-generating activities needed to improve the quality of

life of the citizenry and ultimately attain national development.

The three principal drivers for growth are: (1) the

environment system (2) the socio-economic system and (3) the

political system. In the passage of laws, Congress should

assess conditions existing in each system as to their access and

susceptibility to development and the degree to which they can

be expanded to attain national growth.

The environment system requires control over the

conditions and resources of the countrys natural environment

where laws need to be passed for protection against

environmental degeneration, optimization of agro-ecological


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conditions and management and control of the spatial aspects in

the interactions between humans and natural resources, all with

the end in view towards sustainability. Applied to our society,

this includes controls affecting mining, fishing, farming and

land use, among others, with responsibilities shared by the

Bureau of Forestry, Bureau of Lands, Bureau of Fisheries and

Bureau of Mines, all of which fall under the Department of

Environment and Natural Resources.

The socio-economic system includes the development of

the countrys human resources, human rights, property rights,

tourism, trade and industry, security, infrastructure and the

private sector. Laws should advance economic freedom by

removing barriers that allow trade to flourish and open the

economy to the beneficial forces of globalization while

preventing excesses, laws that stimulate and develop human

and capital productivity. This includes acceleration of

educational and skills training, agrarian reform, liberalization of

foreign investments, protection for overseas foreign workers,

eradication of corruption and elimination of terrorism, to name

a few, falling under the shared responsibilities of the


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Departments of Education, Labor and Employment, Public

Works, National Defense, Trade and Industry, Tourism,

Agrarian Reform and Foreign Affairs.

The political and legal systems oversee and regulate the

activities of the two aforementioned systems through political

institutions and public administration. The court structure and

its institutions safeguard civil and political liberties.

At the top-most level, the conceptual framework is

headed by the three powers of government which enact, execute

and defend a system of laws and rules, within their respective

jurisdictions. The second level consists of the institutions, in

form of departments and bureaus, to which powers devolve for

enforcement. The third level depicts the system of law and

rules and regulations to be enforced, implemented and

interpreted. This system of rules, when applied on the fourth

level of the growth system - composed of a network of

environment, socio-economic and political and legal forces -

develops a growth mosaic which forms the essential parts of

national development.


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National development cannot be attained without the

influence of forces derived from external sources lying beyond

our territorial boundaries. These come in the form of foreign

investments, treaties, overseas development assistance, and

foreign technology including the inputs of development and

financial organizations and our partners in development such as

the United Nations, World Bank, Asian Development Bank and

the ASEAN. Thus the framework essentially includes the fifth

level, representing the foreign forces that evolve a reciprocal

exchange with our national market forces.

Summarily, the structural process describes the flow of

government authority through a system of laws over a network

of institutions, applied to a growth system of environment,

socio-economic and political and legal institutions, including

the foreign forces operating thereon, and on to the subject

citizenry for their ultimate benefit.

VIII. ROLE OF THE LEGISLATIVE POWER

The legislative branch, as the law-making body of the

government, should enact laws articulating citizen interests and

public need, address the demands of the economy, and


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stimulate growth and create civil order. A policy of stability

will attract and stimulate investments and provide the

continuity and time horizons that investors need in planning out

project forecasts.

When laws are relevant and responsive to the

requirements of the intended beneficiaries, they effectively

connect people to the government and good governance results

as a consequence.

Designed to address social, economic and political needs,

laws should build capacity to address any situation that must be

reformed and integrated with an ideal guarantee for compliance.

Reforms that cause resistance aggravate corruption, terrorism

and abuse of power in their implementation. Ineffective laws

are detrimental to good governance and consequently

undermine respect for the rule of law. Ultimately, they negate

economic development.

Resistance is demonstrated in the recently enacted anti-

terror law under R. A. 9372 Human Security Act which fueled

domestic opposition and international concern on allegations

that its vague language invites the misuse of such law.


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The Foreign Investment Act, Omnibus Investments

Code, Retail Trade Liberalization Act, Special Zone Act, Build-

Operate-Transfer Law and the concurrence to the World Trade

Organization Treaty are acts of legislation on reforms that spur

economic development and respond to global demands that

bring to life the constitutional mandate to develop a self-reliant

and independent national economy.

The Labor Code, the Migrant Workers and Overseas

Filipinos Act and the proposal to negotiate for bilateral labor

agreements with countries hosting Filipino workers are pieces

of legislation that serve the constitutional mandate to protect

rights of workers and promote their welfare.

There are several proposed amendments to existing laws

and bills relating to the Tourism Act, quality affordable

medicines, the intellectual property code and human rights. The

need to amend the Government Procurement Reform Act under

Senate Bill No. 1793 for better policies on full public disclosure

of all government transactions involving public interest

demonstrates legislative response to demands for transparency

and accountability.


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These legislative mechanisms regulate and control the

environment. They establish an order that provides the smooth

interaction of the forces of man, rules, programs and capital.

They comply with constitutional mandates while inducing

individual growth and national development. When these

conditions exist, the rule of law is said to prevail.

IX. ROLE OF THE EXECUTIVE

The Executive power includes the implementation of the

acts of Congress, enforced and executed through various

institutions. Being a large bureaucracy, it consists of

departments which are created by the legislature to exercise

legally defined regulatory powers and which, in turn, form

several institutions which execute the laws in accordance with

the mandate of Congress, through policies and implementing

rules and regulations.

Good governance is an extension of the principle of the

rule of law. Kofi Annan, former Secretary General of the

United Nations, had declared that "Good governance is perhaps


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the single most important factor in eradicating poverty and

promoting development."

Good governance is best described by the United Nations

Development Program (UNDP) and defines it as the exercise

of economic, political, and administrative authority to manage a

countrys affairs at all levels. It comprises mechanisms,

processes, and institutions through which citizens and groups

articulate their interests, exercise their legal rights, meet their

obligations, and mediate their differences.

The definition imparts the structural process describing

the flow of government authority over a network of institutions

and on to the subjects who act and operate, in accordance with

defined rules.

Investors are attracted to economies where there are

proper functioning institutions that promote stability and legal

certainty. Investors prefer to go where governance is good.

They go where the rules are stable and where laws do not

change overnight and wipe out a business by a mere change of

legislation.


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The creation of the Presidential Anti-Graft Commission

to strengthen institutionalized measures against graft and

corruption, special economic zones, tax reforms, election

reforms, the creation of the barangay justice system and the

mediation system at the Departments of Agrarian Reform and

Environment and Natural Resources to resolve controversies

closer to the grass roots - these are but few cases where

executive acts, based on legislative mandates, open our markets

to more investments, establish social order, and enhance human

capital.

A capacity for law enforcement must be developed. Due

process must be implemented and respect for human rights

must be enhanced. A secure and prosperous environment for

public order must be created. Foreign policies must be

designed to promote national growth. Such a system can only

exist where rule of law prevails.

X. THE ROLE OF THE JUDICIARY

Without a vigorous rule of law, defended by an


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independent judiciary, rights are not safe and the equality and

dignity of all citizens are at risk. Only when the rule of law

bolsters the democratic dimensions of rights, equality, and

accountability will the responsiveness of government to the

interests and needs of the greatest number of citizens be

achieved.3

Sound laws protect the citizens from consequences of

their infringement and serve as a shield against abuses of the

authorities. The primary role of the judiciary is the

administration of justice, in accordance with laws enacted by

legislature and to safeguard civil liberty by defending these

laws. A strong and independent judiciary is vital to the

economic and social development of the nation since a strong

legal system and adherence to the rule of law are components of


The concept of rule of law puts the weight of its

effectiveness on how the legal system sustains the laws in

resolving conflicts, applying them equally to all its citizens and

consistently over time.

3ODonnell, Guillermo A., Why the Rule of Law Matters, Journal of Democracy Vol. 15, No. 4, October2004, pp. 32-46


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Several recent judgments have demonstrated the

sensitivity of the courts to promoting the rule of law in the

pursuit of national development.

By declaring the Mining Law under R. A. 79424

as

constitutional, the Supreme Court participated in the

advancement of economic development through increased

mining activities that translated to billions worth of investments

and created more job opportunities, which was the goal of this

legislation.

The Court upheld the Senates concurrence to the WTO5

membership by recognizing the free market espoused by the

WTO and its status as the only viable structure for multilateral

trading.

The Supreme Court defended the peoples rights when it

struck down the calibrated pre-emptive response6

embodied

in Presidential Proclamation No. 1017 which was used as basis

for violent dispersals of peaceful assemblies.

4 La Bugal vs Ramos, G. R. 127882, 1 December 2004.5 Tanada vs Angara, G. R. No. 118295, 2 May 19976 David vs Arroyo, G. R. 171396, 3 May 2006


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A significant test of the force of the rule of law in the

Philippines took place when the Supreme Court upheld the

constitutional power of a co-equal branch to conduct legislative

inquiries in aid of legislation and invalidated an act of another

co-equal branch when it declared certain provisions of

Executive Order No. 4647

as unconstitutional. It upheld the

right of lawmakers to compel the appearance of officials of the

executive branch in legislative inquires so as not to frustrate

legislative investigations and serve the peoples right to take

part in government affairs.

The above cases, brought to the Supreme Court for

resolution, are manifestations of its mandate to uphold the

supremacy of the law and maintain equality before the law,

which are the basic precepts of the principle of rule of law.

XI. SUMMARY

All three powers of government utilize laws and rules as

mechanisms to achieve good governance, which is a pre-

condition to achieve national development.

7 Senate vs Ermita, G. R. No. 169777, 20 April 2006


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The force of rule of law commands civil order and

requires such order as a condition for rule of law to prevail. To

be operative, it mandates a set of laws, the primacy of such laws

and the adherence of society to such laws.

Congress determines the laws that go into the system and

bears the responsibility to formulate good, sound and strong

laws, articulating citizen preference and public need. Laws are

good when they create rights, stimulate opportunities for

growth, facilitate the management of national economy and

protect people and investments. They are sound when they

involve legal certainty, contain no infirmities, are consistent

with international standards and are predictable and enduring.

They are strong when they are stable, but not stagnant, and can

break down trade barriers to allow foreign investments to come

in. Effective laws are good laws. Good laws stimulate

compliance. Compliance to laws is respect for the rule of law.

The rule of law contributes to national development.

The Executive bears the responsibility to enforce the law,

through its bureaucracy, by way of orders, proclamations and

implementing rules and regulations in accordance with the


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spirit intended by Congress and is mandated to bring out the

effect of such laws pursuant to the objectives they were set out

for. The onus of law enforcement is addressing laws to their

intended beneficiaries, balancing the various interests in society

in order to form the synergy required for progressive-oriented

actions. Good law enforcement optimizes the pieces of

legislation as instruments to license, protect, regulate, generate

or to charge.

Proper use of laws on the appropriate subjects will induce

obedience to laws and regulations. Building capacity and

developing an attitude for ensuring compliance to laws is an

order for the Executive, with a duty to close gaps between legal

pronouncements and enforcement while infusing transparency

and accountability into the enforcement process. Without

compliance, laws and regulations are inconsequential.

Disregard of the law undermines the rule of law. The absence

of the rule of law is absence of public order and closes the

doors to foreign investments. In an age of globalization, lack of

foreign capital will impede national development.


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While the Legislative and the Executive participate

indispensably in establishing the force of rule of law upon

society, a point in fact is that the heaviest burden of upholding

the principle is loaded on the shoulders of the Judiciary as the

guardian of the rule of law.

While a system of checks and balances aligns and

delineates the respective jurisdictions of the three powers,

judicial reach covers not only civil society but extends even

over their co-equal branches through judicial reviews in order

to determine whether or not legislative and executive acts lie

within the bounds of the Constitution, to which

pronouncements Congress and the President must defer.

Rule of law prevails where laws exist, where laws are

observed and where laws are upheld. Investors go where the

legal system provides recourse when their rights are denied by

private parties or by public administration. Legal systems that

provide strong legal protection for offended parties and

investors will allow the implementation of reforms and market-

oriented programs executed and protected under legal basis,

thus making risks predictable and calculable.


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XII. CONCLUSION

The reins of the government are held by the Legislative,

Executive and the Judiciary. Whether the exertions to reach the

goal are evenly balanced or not, the horses that pull the carriage

will reach their target destination all at the same time.

Following the wisdom of an aphorism, it does not matter which

horse had brought the carriage to the finish line.

We must admit that the common man on the street, the

average Filipino belonging to the majority of the population

below the poverty line, does not probably think of national

development. He will not monitor the countrys economic

indicators. He gives no importance if we can attain our 7%

economic growth target for 2007. Claims for one million jobs

are irrelevant to him if he is employed. He even complains of a

strong peso because the overseas remittance he receives from

the Middle East had become less. The expressions of a

prosperous economy, the guarantee of his civil liberty . . . these

are abstract ideologies to his mind and too complicated for him

to appreciate. What then is relevant to him?


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The average Filipino rates the government in accordance

with the improvement of his standard of living on a day-to-day

basis. To him the government is doing well if he himself

receives a regular salary increase. He is happy if the price of

pandesal can be maintained at P2.00 apiece, if his electricity

bill does not fluctuate significantly, if the cost of his LPG stays

constant from one purchase to the other, if he still has money

left to put aside for savings, if he is secure in his home and his

neighbor does not steal his chickens, most important, if he can

provide his children a better education and give them a better

life than what he had. These are his economic indicators.

With priority over all other resources, the Philippines

should invest more in its most potent asset, that is, human

capital. This for the most part involves reforms and programs

that intensify the ability to subject the peoples attitudes

(referring to mental facilities) and behavior (referring to

physical actions) under the supremacy of laws.

Where the law is supreme, there is order. Where there is

order, investors find their way in the markets with facility

because all forces take their own course. Where the economy is


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market-oriented, there is national development. When all these

happen, rule of law prevails. Laws build civil order, civil order

builds industries, industries build economies, economies build a

nation.

All said, the rule of law as a tool to national development

may be summarized in the following conceptual structural

framework.


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- Implementing Rules& Regulations

- Executive Orders- Proclamations- Policies- Other issuances

OverseasDevelopment

Assistance

ASEAN

UN

International Treaties

Foreign Investments

World Bank

Conceptual Structural Framework

POWERS

LAW & RULES

GROWTH SYSTEM

D AR

D BM

DepEd

DoE

DFA

D oH

DILG

DoJ

DOLE

DN D

DPWH

DoSTDSW D D oTD TI D oTCNEDA

LEGISLATIVE EXECUTIVE JUDICIARY

CA SB

SC

CTA

RT C SDC

M CT C SC CMe TC M TC

Rules- Procedure- Pleadings- Practice- Legal Profession- Protection & Enforcement

of Constitutional Rights

- Constitution- Revised Penal Code- Civil Code- Code of Commerce- Other Legislations

Committees:

Blue RibbonEconomic Affairs

EthicsFinanceForeign Relations

EducationEnergy

JusticeRulesWays & Means

Others

Socio-Economic

EnvironmentPolitical

&

Legal

INSTITUTIONS

FOREIGN FORCES

CITIZENRY

NATIONAL DEVELOPMENT


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Thus, we can sufficiently conclude that the operation of

the rule of law is effective when it follows an orderly structural

process which recognizes authorities and symbiotic

relationships existing in all levels of government that

adequately influence the creation of conditions susceptible to


Conformably, we may revisit the message embodied in

the Prologue of this piece of writing which had attributed a

structural approach to the rule of law as a tool in national

development.

The rule of law is of great consequence to nationaldevelopment because the Constitution and the

system of codes, laws and rules define the legal

framework and the government structure within

which socio-economic and political activities that

lead to national development can take place.


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REFERENCES

Dobriansky, Paula, U.S.A. Under Secretary of State for Global

Affairs. Principles of Good Governance, located at

http://www.usinfo.state.gov/journalsites0303/ijee/dobriansky.htm

Bo Li, What is Rule of Law?, Perspectives, Vol. 1, No. 5,

located at http://www.oycf.org/Perspectives/5_043000/what_is_

rule_of_law.htm.

Resnick, Danielle and Birner, Regina, Does Good Governance

Contribute to Pro-Poor Growth? located at http://www.ifpri.org/divs/

dsgd/papers/dsgdp30.pdf

World Bank, Yu, Helen and Alison Guernsey, What is the Rule

of Law?, located at http://www.uiowa.edu/ifdebook/faq/

Rule_of_Law.shtml

Websites of Malacanang, Senate, Supreme Court, NEDA.

A Structural Approach to the Rule of Law as a Tool to National Development, PJA Essay Winner 3rd

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