UNITY UNIVERSITY

SCHOOL OF POSTGRADUATE STUDIES

PROJECT MANAGEMENT PROGRAM

Project Management Assignment

Project proposal

 Addis Ashenafi UU/85765/E

 DagemBerhany UU/85830/E
 FevenTadesse UU/85806/E
 HanamariamTegene UU/85805/E
 Kalkidan Daniel UU/86011/E
 Mikias Solomon UU/85890/E
 YamrotYewondwossen UU/85916/E

Submitted to: Aweke, A (PhD)

January,2022
1. The Concept of Rule of Law

Every society from historic time to modern time is based on the concept of rule of law. Law is
the basic attribute for the functioning of any society. Laws are made for the general public to
create harmony in the society and protect them from the conflicts in the society. One of the main
objectives of law in society is to maintain law and order and develop peaceful relations among
the citizens. Law has improved the relationships of one country with another.

Meaning of Rule of law

The term “Rule of Law” is derived or taken from the French phrase ‘La Principe de Legality’
which states that the government is based on the principle of law and not of men. In a more
extensive sense rule of law implies that,

 Law is supreme and above every individual. No individual he is rich, poor, rulers or
ruled and so forth are above law and they ought to obey it. In a narrow sense, it
implies that government authorities may only be exercised as per the composed laws,
which were taken or adopted through an established procedure. The rule of Rule of
Law is proposed to be a shield against arbitrary activities of the administration

 The rule of law has been described as a “rare and protean principle of our political
tradition”.

 The term Rule of Law does not give anything about how the laws are to be made, or
anything particular like the Fundamental Rights or the Directive standards or equity
and so on however it accommodates two essential ideas that is Law must be obeyed
by the general population and that the law must be made such that it can control the
conduct of its subjects. Different lawful scholars have different methodologies
towards the idea of Rule of Law.

A first step in defining the rule of law (ROL) is to ask what the purpose of law is. Although there
is some philosophical disagreement about why we have law, there is widespread acceptance that
the ROL has essentially three purposes, as described by Richard Fallon:
 First the ROL should protect against anarchy and the Hobbesian war of all against
all. Second, the ROL should allow people to plan their affairs with reasonable
confidence that they can know in advance the legal consequences of various actions.
Third, the ROL should guarantee against at least some types of official arbitrariness.

Put somewhat more simply, the purpose of law is to provide a government of security,
predictability, and reason. According to Prof. Fallon, the purpose of law is served by five
“elements” of the ROL: (1) The first element is the capacity of legal rules, standards, or
principles to guide people in the conduct of their affairs. People must be able to understand the
law and comply with it. (2) The second element of the ROL is efficacy. The law should actually
guide people, at least for the most part. In Joseph Raz’s phrase, “people should be ruled by the
law and obey it.” (3) The third element is stability. The law should be reasonably stable, in order
to facilitate planning and coordinated action over time. (4) The fourth element of the ROL is the
supremacy of legal authority. The law should rule officials, including judges, as well as ordinary
citizens. (5) The final element involves instrumentalities of impartial justice. Courts should be
available to enforce the law and should employ fair procedures.

Another approach to the ROL is offered by Rachel Kleinfeld, who defines the concept in terms
of five (different) “goals” of the ROL: making the state abide by the law, ensuring equality
before the law, supplying law and order, providing efficient and impartial justice, and upholding
human rights.

Rule of law – Origin and concept

The origin of rule of law is very old. This concept was originated by Sir Edward Coke, the chief
justice of King James I’s reign. He kept up that the King ought to be under God and the Law and
he built up the supremacy of the law against the executive and that there is nothing higher than
law.

Afterwards, Albert Venn Dicey (a British jurist and constitutional theorist) built up the idea in
his book ‘The Law of the Constitution’ (1885). His written work on the British Constitution
(which is unwritten) included three distinct though kindred ideas on Rule of law:
 1. Absence of discretionary powers and supremacy of Law: It states that no man is above
law. No man can be punished except for a distinct breach of law established in an
ordinary legal manner before ordinary courts. The government cannot punish any one
merely by its own fiat. Persons in authority do not enjoy wide, arbitrary or
discretionary powers. Dicey asserted that wherever there is discretion there is room
for arbitrariness.

2. Equality before law: Every man regardless of his position or rank is subject to the
ordinary law and jurisdiction of the ordinary courts. No individual ought to be made to
suffer in body or denied of his property except for a breach of law established in the
ordinary legal manner before the ordinary courts of the land.

3. Prevalence of legal spirit: The liberties and the rights of the general population must
originate from customers and traditions of the general population and be recognized
by the courts in the administration of justice from time to time.

The expression ‘rule of law’ over the years has been used in enormous forms to convey a wide
variety of ideas and meanings.

Why is the Rule of Law Important for Society?

According to Rule of Law Education Center’s scholars, the rule of law is important because a
country that adheres to the rule of law results in a society in which:

 All persons and organizations including the government are subject to and accountable to
the law
 The law is known and accessible
 The Court system is independent and resolves disputes in an open and impartial manner
 All persons are presumed innocent until proven otherwise by a Court
 All persons have the right to a fair and prompt trial
 No person should be arbitrarily arrested, imprisoned, or deprived of their property
 Punishment is determined by a Court and people can only be punished in accordance with
the law.
As a result, it can be said that the Rule of Law is more than simply the government and citizens
knowing and obeying the law.  The Rule of Law involves other ideals, for example that citizens
remain active and informed and participate in the creation of just laws which regulate their
behaviour and protect human rights.

At its heart, the Rule of Law is an ideal or an aspiration that members of a society must
continuously work towards.

All people should be ruled by just laws subject to the following principles:

Central to the wheel and the rule of law is the concept that no one is above the law – it is
applied equally and fairly to both the government and citizens. This means that all people,
regardless of their status, race, culture, religion, or any other attribute, should be ruled equally
by just laws. 

Beyond this, the outer edge of the wheel illustrates the number of principles that uphold the rule
of law, such as the presumption of innocence, and fair and prompt trials. These principles can be
considered essential elements that contribute to maintaining the rule of law.  Without these, the
wheel would fail to turn and rule of law would not continue to be upheld and maintained.  
Another essential element is that these principles and rule of law is supported
by informed and active citizens. Without responsible and engaged citizens, society is unable to
work together to uphold important principles and values which support our rule of law and
democratic society.  

2. The Relevance/Significance of Rule of Law to Project Management

Recent theoretical and empirical studies support the idea that rule of law is the key determinant
of economic growth, successful implementation of projects and investment (Barro, 2000).
Indeed, the strength of the rule of law is one of the best predictor of project management and
economic performance at large. On the other side, if there is deficiency in the rule of law, it will
encourage high rates of corruption, with further destructive consequences on the confidence of
economic actors which gives direction to economy. This causes a lack in investment, and then
slows economic growth. Consequently, it deprives the governments of resources to invest in
education, social safety nets, and sound environmental management, all of which are critical for
sustainable development (Sachiko and Durwood, 2005).

There are multiple definitions of rule of law and these filters into the conceptualization and
design of projects. Different parameters are used for rule of law in different countries. It is
critical to note that four Universal Principles of the Rule of Law have been established, namely
that: (i) the government and its officials and agents as well as individuals and private entities are
accountable under the law; (ii) the laws are clear, publicized, stable and just, are applied evenly,
and protect fundamental rights, including the security of persons and property; (iii) the process
by which the laws are enacted, administered and enforced is accessible, fair and efficient; and
that (iv) justice is delivered timely by competent, ethical, and independent representatives and
neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the
communities they serve.

Effective rule of law programmes that ensure best value for money and fit for purpose
interventions are a necessity in the quest for sustainable development. In the programme
management sphere, it is recognized that currently there is no widely defined standard for
managing development projects and many projects fail to deliver the expected outcomes or fail
to produce the desired impact in the communities they serve. The most common reasons for
project failure include:

a. that the objectives are not properly defined and agreed-upon due to a rush to obtain
funding; beneficiaries are not included in the early decisions of the project;
b. discrepancies in understanding the project’s objectives due to the non-participation of
stakeholders;
c. outcomes and benefits are not properly defined in measurable terms;
d. there is too much emphasis on measuring and tracking activities and tangible outputs and
not enough on the intangible benefits that come as a result of achieving the project’s final
goals;
e. insufficient planning and coordination of resources resulting in plans that do not meet the
actual conditions in the field, and project staff having limited skills to modify and adapt
the plan in time and under budget;
f. poor estimation of duration and cost resulting in activities that take longer than planned
and cost more than budgeted;
g. incomplete, unrealistic and outdated project plans: the team blindly follows plans that, in
many cases, have never been verified or modified to adapt to a changing environment;
h. lack of communication and stakeholder management leads to high expectations about the
project, increases distrust, and results in beneficiaries who are disconnected from the
project;
i. weak project leadership: vague lines of responsibility and authority produce an
uncoordinated team that often duplicates efforts;
j. inadequate definition and acceptance of roles results in project staff that cannot assume
their responsibilities and increases the time a project manager needs to work with the
team;
k. poor commitment to the project by the team, the organization, and the beneficiaries,
caused by inadequate leadership skills
l. weak control processes and feedback mechanisms that do not detect problems early
enough;
 m. lack of analysis of major risk factors and inadequate risk-response strategies result in
higher costs to recover from risk events; and
n. lack of good quality controls that impact the ownership of the project by beneficiaries and
other key stakeholders.

The situation is even more precarious for rule of law projects where it has been found that more
resources are being dedicated to rule of law and governance yet little is known about the actual
impacts of programming. Research has shown that in many areas of rule of law, taking an
evidence-based approach and drawing out areas where there is strong evidence on positive
outcomes is not possible (the evidence base is quite thin in most areas of rule of law) as much of
the literature does not review the impact of interventions but only presents results and internal
project achievements.

Attainment of the goals of project demands that rule of law meet a number of criteria, including:

a. That rule of law address development needs in such a way that the needs of the present
generation are met, without compromising the ability of future generations to meet their
own needs.
b. That rule of law support initiatives that balance different, and often competing, needs
against an awareness of the environmental, social and economic limitations that society
faces, in itself a delicate balancing act. Additionally, rule of law frameworks set out clear
mandates and regulate behaviour, etc., rule of law provides a framework through which
the competing needs can be met.
c. In practical terms, examples of how rule of law could avert or address global crises or
challenges by handling large-scale financial crises caused by irresponsible financial
institutions.
References

Barro, R. J. (2000). “Inequality, Growth and Investment”, National Bureau of Economic

Research Working Paper 7038 (March), http://www.nber.org/papers/w7038

Haggard S., A. MacIntyre and L. Tiede, (2008). “The Rule of law and Economic Development”
Annual Review Political Sciences 11, pp. 205-34

Payne B. and Watt A., (2019). The Project Life Cycle (Phases), available at:
http://opentextbc.ca/projectmanagement/chapter-3-the-project-lifecycle-phase-project-
management/, accessed March 2, 2022.

Sachiko M. and Z. Durwood, (2005). “Rule of Law, Good Governance, and Sustainable
Development”, Seventh International Conference on Environmental Compliance and
Enforcement, pp. 15-21