The Justice Innovation Approach: How Justice Sector Leaders in Development Contexts Can Promote Innovation

Abstract

In 'Delivering Justice: Programme of Action to Strengthen the Rule of Law at the National and International Levels', the Secretary-General of the United Nations, argued that the rule of law involves more than the state and its institutions: it “is at the heart of the social contract between the State and individuals under its jurisdiction, and ensures that justice permeates at every level”. Rather than encouraging states to enact more laws or ensuring that new rights are protected, the Secretary-General proposes that states set goals for ensuring the rule of law, assume a monitoring role, measure effectiveness, perform benchmarking exercises, and report progress against indicators.

In this article, we show how justice sector leaders — ministers of justice, secretaries-general of ministries, strategy departments of ministries, chief justices, and directors of public prosecution agencies — can help society deliver justice rather than simply providing justice themselves. The process of delivering justice can be improved in a way similar to the delivery of health care, education, or electricity; through continuous innovation. We explore how justice sector leaders can enable effective justice innovation.

Keywords: justice innovation, rule of law, law and development, bottom up

JEL Classification: C78, D23, D63, D74, H11, H41, K41, K42, L14, O17