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Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development

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  • Pooe T. K.

    (Public Administration and Management, North West University (Vaal campus), 1174 Hendrick Van Eck Boulevard, Vanderbijlpark, South Africa)

Abstract

The ascension of the African National Congress into formal politics through its electoral victory in 1994 resulted in South Africa adopting one of the world’s most heralded social justice and human rights-based documents, the 1996 Constitution. Yet, two-decades of ANC governance this paper argues has not led to the types of economic development needed to advance the formerly oppressed African majority, Colored and Indian populations. This lackluster economic development is even more troubling when one considers the giant economic development steps Asian developmental states have made, without a human rights and social justice approach. It is the contention of this paper that the newly presented General Theory of Law and Development allows for a new type of analysis exploring the reasons why South Africa’s economic development trajectory has been so lackluster, when so many authorities praise the South African legal framework. In making this argument using the General Theory South Africa’s local governments sphere and local economic development will be the subject of analysis.

Suggested Citation

  • Pooe T. K., 2019. "Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development," The Law and Development Review, De Gruyter, vol. 12(2), pages 377-401, June.
    • Handle: RePEc:bpj:lawdev:v:12:y:2019:i:2:p:377-401:n:1
    DOI: 10.1515/ldr-2018-0062
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    References listed on IDEAS

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    1. Timothy J. Bartik, 2003. "Local Economic Development Policies," Upjohn Working Papers 03-91, W.E. Upjohn Institute for Employment Research.
    2. Marc Fleurbaey, 2009. "Beyond GDP: The Quest for a Measure of Social Welfare," Journal of Economic Literature, American Economic Association, vol. 47(4), pages 1029-1075, December.
    3. Norbert Berthold & Rainer Fehn, 2003. "Unemployment in Germany: Reasons and Remedies," CESifo Working Paper Series 871, CESifo.
    4. Bhorat, Haroon & Hirsch, Alan & Kanbur, Ravi & Ncube, Mthuli, 2014. "Economic Policy in South Africa: Past, Present, and Future," Working Papers 180150, Cornell University, Department of Applied Economics and Management.
    5. Pooe T. K., 2017. "Developmental State No Birth Right: South Africa’s Post-1994 Economic Development Story," The Law and Development Review, De Gruyter, vol. 10(2), pages 361-387, October.
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    Cited by:

    1. Lee Yong-Shik, 2020. "Law and Development: Three Irreconcilable Interests – Call for a New Beginning," The Law and Development Review, De Gruyter, vol. 13(1), pages 321-333, January.
    2. Lee Yong-Shik, 2019. "General Theory of Law and Development: An Overview," The Law and Development Review, De Gruyter, vol. 12(2), pages 351-375, June.
    3. Lee Yong-Shik, 2019. "A Comment on “Law and Development: Forty Years after ‘Scholars in Self-Estrangement’” by David Trubek," The Law and Development Review, De Gruyter, vol. 12(2), pages 627-635, June.

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