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Development is not only a tool, when we are speaking of the
rule of law and democracy and human rights and combine all
these things together to a constitutionalism concept. We are not
thinking that only because some will promote economic
prosperity that might be the case. A lot of researches are arguing
for that. It might be better to have all these concepts accepted in
the principle for the long term basis. The Richest countries of the
world typically have, and most of them kind, of embraces. It is not
only about economic development but also the liberty, safety and
security of people. I think it is a goal in itself. These are the value
and what it is about. Theref ore , I w ould argue that
constitutionalism and those terms that I would make a part in
constitutional concept, which is democracy, rule of law and human
right, are the development goal in itself. That is why it is so
important to talk about these issues here today. Finally, I would
like to make a few remarks of international dimension and on
st
probably the scope of these topics in the early 21 century in
variation to what has been discussed hundred years ago.
First of all, I would like to speak a bit about rule of law.
I think that everybody can have their own understanding of what
it actually means in detail. And also, the term is controversial. It is
controversy because it only started when you try to make a
definition and become more precise on that. I remember when
I was working in Cambodia for a few years, the political situation
was a little bit sensitive at that time. When we wanted to do a
conference on human right, that was also considered too sensitive.
So, we called in the rule of law conference and it was no problem
to organize it and we could talk about the same issue and same
topic under that headline.
There are thin concept and thick concept which were
illustrated by the slide presentation early on. There were formal
and more substantive concepts, so there are a lot of varieties and
even in Western democracy, there was a huge controversy on what
the concept should be most appropriate one; most substantive one
or formalistic one. The German “Rechtsstaat” or the State of law as
it is often translated, and identified of synonymous to rule by law.
I would argue that it is wrong, actually, in the current German law
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