Reflections on Designing Governance to Produce the Rule of Law

This article explores the connections between dispute resolution and the rule of law through two complementary lenses: dispute systems design and collaborative governance. It posits as a working hypothesis that it is possible to design governance as a necessary condition to produce the rule of law by using institutional and dispute systems design (DSD) across the policy continuum. It also argues that many rule of law interventions necessarily entail collaborative governance, which, broadly conceived, includes deliberative democracy, collaborative public management, and dispute resolution. Thoughtful design can coordinate collaborative and participatory programs across the policy continuum in ways that allow the branches of government (legislative, executive, and judicial powers) to reinforce each other synergistically. This article first briefly reviews definitions of the rule of law. Second, it briefly reviews current understandings and approaches to governance. Third, it introduces the concept of dispute systems design, its application to collaborative governance across the policy continuum, and failures in the rule of law as seen through this frame. Finally, it provides examples of rule of law initiatives organized across the policy process in governance