Rule of law or Washington consensus : the evolution of the world bank’s approach to legal and judicial reform

Abstract

This paper traces the evolution of the World Bank’s involvement in legal and judicial reform. Initially, the Bank conceived this new area of activity as a relatively minor component of its development work. Today, however, the scope of the legal and judicial reform agenda has significantly expanded to become part of an unprecedented and ambitious attempt radically to overhaul the structure of states in developing and transition countries. This transformation has consolidated the place of law in the development agenda. Yet, those interested in the promotion of a democratic rule of law have reasons to be concerned. Indeed, although law is today correctly seen as part of governance, the governance agenda, as currently conceived, is aimed mainly at promoting the Washington Consensus. Within this conceptualization of governance, designed largely by economists and statisticians, the place of law is largely restricted to restraining governments and facilitating commercial intercourse. Under these circumstances it is unlikely that the Bank’s much-flaunted objective of strengthening the rule of law to empower citizens and ensure their effective participation in development has any chance of success.

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