In its simplest form, legal reform is the attempt to change the law to improve justice and/or efficiency. In practice, it often involves an entire system, addressing its rules, procedures, practices and personnel. Generally, these changes are influenced by and interact with the society that is affected. Thus, a feudal society will generate laws that reflect its structures and norms; while in the long run, global trends tend to affect all societies in similar ways (see Friedman, 2004).
Changing law is not an easy task. Many people need help navigating a system that is stacked against them. That’s why UNDP is partnering with national actors to strengthen their justice systems and ensure they are inclusive and equitable. This work includes developing new legislation and ensuring that existing laws are applied fairly to all.
While the old law and development orthodoxy still holds that top-down reforms are the only path to prosperity, there have been some major breaks in this narrative. However, these changes remain a minority voice and the belief that there is one best model of law that can be transplanted tout court from rich countries to poor ones remains pervasive. Ultimately, the only way to change the law is through the democratic process. That’s why UNDP helps strengthen parliaments’ ability to legislate effectively, promoting good governance in the process. Moreover, we promote the use of evidence-based decision making to enhance the legitimacy and effectiveness of lawmaking. The resulting legislative frameworks are more transparent, accountable and responsive to the needs of society.
About the Author
