The rule of law, CORRUPTION & economic growth

THERE IS general consensus in both the academic and practitioner literature that there is a direct positive correlation between economic growth and the rule of law. That is, where the rule of law is strong – for example, property rights are upheld, the constitutional rights of all citizens are upheld, contracts are settled based on the agreed terms and conditions under which they were negotiated, among other things – economic growth is also strong.

This is not unsurprising as investors like to put their monies where they have a strong chance of making a return on it and, most important, getting back that money when they need it.

Upholding the rule of law is even more critical for small countries that do not have many and diverse sources of competitive advantage in the inhospitable global capitalist system. It is only the rule of law that can provide these nations with protection from the hostility of large and developed countries that from time to time, might have different agendas that may conflict with good moral order and principles of justice and dignity.

So, at all times, irrespective of the urgency of now, small nations must always stand on the side of principle and actions that uphold the rule of law at the national, regional, and global levels.

The appeal to be pragmatic and expedient when it comes to the rule of law is both wrong and dangerous.

Unfortunately, despite the clear, empirical evidence that upholding the rule of law is a vital variable in the drive towards sustainable economic growth, there seems to be a lack of appreciation in the context of

Jamaica.

A number of recent events have led one to reflect seriously on how critical our leaders and policymakers view the rule of law as an Metry Seaga enabler of the growth and development that we so desire. Not unimportant is when policymakers treat the rule of law as a mere esoteric exercise and something that can be put on the back burner in the quest for expedient results to satisfy the insatiable appetite of an impatient electorate for solutions to pressing, longer-term problems. RECENT DEVELOPMENTS To have listened to the puerile squabble over the constitutionality of the state of public emergency, which ended recently in Jamaica, one could never believe that we are a nation seriously on a mission to ensure long-term sustainable

for our citizens.

The Opposition argued that it has strong evidence from experts on the Constitution that the conditions that led to the states of emergency no longer exist and, therefore, extending them would be unconstitutional. The Government, on the other hand, says that they have a counter-argument to those claims.

Any nation serious about the rule of law would never have this situation deteriorate to the low levels we have seen in the communication between the Office of the Prime Minister and the Leader of the Opposition.

Instead, it would find the constitutional court,

seek