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13 Fla. J. Int'l L. 159 (2000-2001)
Good Governance: The Old, the New, the Principle, and the Elements

handle is hein.journals/fjil13 and id is 169 raw text is: GOOD GOVERNANCE: THE OLD, THE NEW, THE PRINCIPLE,
AND THE ELEMENTS
Francis N. Botchway
I.     INTRODUCTION      ..................................            159
II.    DEFINITION OF GOOD GOVERNANCE? .................                160
III.   GOOD GOVERNANCE: ORIGIN AND DEVELOPMENT               ......    162
IV.    LAW AND DEVELOPMENT: REVISIONISM AND REVIVALISM                 166
A. Max Weber on Law and Development ..............               167
1. Legal Rationality   ...........................           167
2. Bureaucracy    ...............................            169
B. The Law and Development Movement in the
Middle Twentieth Century .......................             171
C. Modernization Theory .......................... 173
V.     GOOD GOVERNANCE AS A PRINCIPLE          .................       180
A. Democracy ...................................                 189
B. Rule of Law    ......... ........................            196
C. Discretion ....................................              201
D. Decentralization ...............................             206
VI.    CONCLUSION     ....................................             209
I. INTRODUCTION
Much of the hostility towards the state in economic and related aspects
of national and international life in the wake of the end of the cold war
* LL.B. (Ghana), LL..M. (Dalhousie), LL.M. (Harvard), Ph.D. (Manchester). Lecturer in
Law, University of Warwick, Visiting Professor, University of Puerto Rico Law School. (Email:
f.botchway@warwick.ac.uk). I thank Professor Asif Qureshi for encouraging me to investigate this
subject. I thank my ffiends Edwin Siew Koon Hoe and Saqib Nazir for the rigorous discussion of
portions of this work at its very formative stages. An abridged version of this article was presented
at the New Academics Workshop of the American Society of International Law in 1999. 1 am
grateful to the Resource Persons - Professors Atik, Stephan and Koskenniemi as well as the
participants for their helpful comments. The editorial work of the staff of the Florida Journal of
International Law is also gratefully acknowledged. For priceless opportunities to widen my
intellectual horizons, this work is dedicated with gratitude to the University of Ghana Law Faculty,
The Graduate Programs of Dalhousie Law School chaired by Bruce Archibald, Harvard Law
School chaired by David Kennedy and Manchester Law School chaired by David Milman. Full
responsibility for this work resides with me.

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