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een a far greater number <strong>of</strong> authoritarian regimesthat did little or nothing to improve <strong>the</strong> health andwell-being <strong>of</strong> ordinary citizens. We need to look beyondpolitical labels when designing implementationstrategies for Legal Empowerment <strong>of</strong> <strong>the</strong> Poor.It is important to think <strong>of</strong> political systems asshades <strong>of</strong> grey when it comes to empowering <strong>the</strong>poor. At <strong>the</strong> far end <strong>of</strong> <strong>the</strong> pallet are systems <strong>of</strong>arbitrary personal rule, which are typically quiteclosed regarding grassroots participation in policymaking,but which may be open to pro-poor policiesif <strong>the</strong> regime is a populist one that depends onmass support. Dictatorships blend into more openand competitive systems where <strong>the</strong> poor may haveprogressively greater scope to sway public policy,but where <strong>the</strong> rich may still exercise hegemony onkey political economy issues. Happily, <strong>the</strong>re arefewer political systems today where poor peoplecannot organise at all to have some countervailinginfluence on government decisions; but in anumber <strong>of</strong> countries, freedom <strong>of</strong> association isstill being denied (ILO 2004: 1-2). And even in<strong>the</strong> most receptive political systems <strong>the</strong> influence<strong>of</strong> <strong>the</strong> poor is difficult to transform into extensivepower. Development practitioners should be carefulnot let preconceptions about regimes blind <strong>the</strong>m to<strong>the</strong>se possibilities.Administrative stateThe supply side <strong>of</strong> political systems also needs tobe considered to understand implementation probabilities.How capable is <strong>the</strong> public administration?Does <strong>the</strong> state have <strong>the</strong> capacity to provide physicalsafety, to secure personal belongings, to settledisputes fairly, and to provide o<strong>the</strong>r public goodsto society? Does it possess <strong>the</strong> personnel, skills,systems, and infrastructure to carry out <strong>the</strong>se corefunctions? Even political will cannot drive reformin <strong>the</strong> face <strong>of</strong> binding constraints on <strong>the</strong> capacity<strong>of</strong> institutions charged with delivering <strong>the</strong> mandate<strong>of</strong> empowerment. High-capacity states are onesthat implement policies efficiently, predictably, andin <strong>the</strong> manner intended. High-capacity states mayor may not be democratic, but <strong>the</strong>y can carry out<strong>the</strong> Legal Empowerment <strong>of</strong> <strong>the</strong> Poor agenda if thatis what <strong>the</strong> leadership wants. In very low-capacitystates, on <strong>the</strong> o<strong>the</strong>r hand, supportive leadership isstill beneficial except <strong>the</strong> follow-through capabilityis missing. Residents must <strong>the</strong>refore improvise andfigure out how to protect assets and resolve disputesthrough pragmatic means, such as aligningwith a political patron (see discussion <strong>of</strong> informalgovernance below).Administrative weakness is usually rooted in lack<strong>of</strong> human and financial resources, but a viciouscycle reinforces <strong>the</strong> problem. A World Bank reportargues: Burdensome or extraneous business andlabour market <strong>of</strong>ficial regulations drive people into<strong>the</strong> shadow economy, while a collective perception<strong>of</strong> ineffectiveness <strong>of</strong> <strong>the</strong> state’s actions gives riseto a social norm <strong>of</strong> non-compliance with taxes andregulations, which fur<strong>the</strong>r undermines <strong>the</strong> state’scapacity to enforce <strong>the</strong> law and to provide publicservices (Perry et al. 2007). However, <strong>the</strong> methodologyunderlying such studies has come under serioustechnical criticism (Berg and Cazes, 2007).Bureaucratic corruption can also be a major weakeningfactor, especially for <strong>the</strong> poor who lack <strong>the</strong>wherewithal to pay bribes to make things happenwithin <strong>the</strong> bureaucracy. For people with means, on<strong>the</strong> o<strong>the</strong>r hand, <strong>the</strong> civil service may seem capableenough because, unlike <strong>the</strong> poor, <strong>the</strong>y can pay forindividualised special treatment. Thus bureaucraticcorruption will tend to reinforce <strong>the</strong> existingconfiguration <strong>of</strong> wealth and power. In cases wherepublic sector wages are low and virtually everything<strong>the</strong> civil service does is for sale, it may be almostimpossible for <strong>the</strong> poor to get public administrationto work in <strong>the</strong>ir favour. Legal Empowerment <strong>of</strong> <strong>the</strong>Poor reformers would have to address corruption300

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