Publication Type

Journal Article

Version

publishedVersion

Publication Date

10-2019

Abstract

There is a steadily growing interest among academics and policymakers alike in the role of constitutional law in fostering socio-economic development. This attention ties in, at a practical level, with the latest wave of law and development thinking, which conceives of rule-of-law institutions and democracy as existing in a symbiotic relationship with economic growth that together will propel countries to achieve higher levels of foreign investment and overall prosperity. The idea that public law, and the constitution more specifically, has potential in spurring development has for instance found expression across a range of the Sustainable Development Goals formulated under the auspices of the United Nations in 2016. By way of example, a concern with human rights protection – a classic function associated with constitutions – is evident in goals 3, 5 and 6, dedicated to, respectively, protection of individuals’ health, ensuring gender equality and access to clean water, including for sanitary purposes. Goals 11 (safe, inclusive and liveable cities) and 16 (strong justice institutions) create expectations for institutional refinement or innovation on the part of States, which are similarly likely to implicate the constitution, for instance in improving the constitutional guarantees for judicial independence or through the grant of greater constitutional autonomy to cities.

Discipline

Constitutional Law

Research Areas

Public Law

Publication

Law and Development Review

Volume

12

Issue

3

First Page

637

Last Page

646

ISSN

1943-3867

Identifier

10.1515/ldr-2019-0040

Publisher

De Gruyter

Copyright Owner and License

Publisher

Additional URL

https://doi.org/10.1515/ldr-2019-0040

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