ii Rule of Law, Legitimate Governance and Development in the Pacific iv Rule of Law, Legitimate Governance and Development in the Pacific Introduction v If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed, and in the next place oblige it to control itself. James Madison The better the society, the less law there will be. In Heaven there will be no law, and the lion will lie down with the lamb. In Hell there will be nothing but law, and due process will be meticulously observed. Grant Gilmore vi Rule of Law, Legitimate Governance and Development in the Pacific © Asia Pacific Press 2005 This work is copyright. Apart from those uses which may be permitted under the Copyright Act 1968 as amended, no part may be reproduced by any process without written permission from the publishers. The views expressed in this book are those of the author and not necessarily of the publishers. Co-published by ANU E Press and Asia Pacific Press Asia Pacific School of Economics and Government The Australian National Unversity Canberra ACT 0200 Ph: 61-2-6125 4700 Email:
[email protected] Website: http://www.asiapacificpress.com National Library of Australia Cataloguing-in-Publication entry Salevao, Iutisone. Rule of law, legitimate governance and development in the Pacific. Bibliography. ISBN 0 7315 3721 1. 1. Rule of law - Oceania. 2. Constitutions - Oceania.