In short, overemphasis on procedures to prevent arbitrariness can lead to undermining the administration of justice based on what might otherwise find support in the rule of law, and legal restrictions themselves become a form of arbitrariness that is no longer legitimate. On the other hand, those who defend the negative value of the rule of law reject a more substantial understanding of the ideal on the grounds that morally ambitious aspirations to the rule of law threaten to purify the concept of its specificity and usefulness. They argue that opening the concept to a range of extra-legal considerations about substantive justice and broader societal goals means merging ideas about the “rule of law” with notions about “the rule of law,” so that any distinction between the two is nullified. Therefore, no discussion of the rule of law can be complete without a philosophical reflection on the law, including its purpose and meaning. [2] worldjusticeproject.org/about-us/overview/what-rule-law. Retrieved 23 February 2021. Last year, countries experienced the largest declines in fundamental rights (54 countries decreased, 29 improved), restrictions on government powers (52 rejected, 28 improved) and absence of corruption (51 decreased, 26 improved). These three factors in the World Justice Project Index (WJP) also recorded the worst global performance over a five-year period. In short, the key elements of the rule of law that underpin accountable governance and, by extension, citizens` trust in their leaders, are in retreat, both in established democracies like the United States and in entrenched autocracies from Russia to China to Venezuela. In this context, the rise of populist anger and social protest should come as no surprise.
The World Justice Project describes the rule of law as a “permanent system of laws, institutions, standards, and community engagement that ensures: accountability” (for government and for individuals), “just laws. Open Government. and accessible justice. [2] In 1776, Thomas Paine, in his pamphlet Common Sense, boldly proclaimed that in America “the law is queen.” With this statement, Paine contrasted systems in which a single individual can govern according to his whims and his vision of America, in which we would have constitutional government with separation of powers, and where everyone is subject to legal protections and protections. However, if history and current events teach us anything, there is nothing in societies with strong rule of law that guarantees timely or appropriate course corrections. As the novel coronavirus crisis spreads, we will learn more about how societies with stronger rule of law are able to balance competing requirements for protecting public health and other key government services with transparency, independent oversight and human rights. Respect for the rule of law is, after all, a fundamental social choice between creating a culture of legitimacy for all citizens, even in difficult times, or strongman rule and the politics of power. The current evidence clearly warns us that the latter has the upper hand. The road map to the bottom should begin with the understanding that the rule of law is the sine qua non for more prosperous societies.
Societies with a strong rule of law have integrated conflict mediation mechanisms through open and inclusive debates, where all voices are treated equally and outcomes are perceived as fair and reasonable. Unfortunately, as the latest results of the World Justice Project`s Rule of Law Index show, the rule of law is declining globally for the third consecutive year. The trends are widespread and persistent: the majority of countries whose rule of law scores declined in 2020 continued to deteriorate last year, and the majority of countries in each region and income group experienced weaker or stagnant performance. The graph below shows that a large number of countries (28) have declined both last year and over the past five years, measured in average annual percentages. [1] According to the Stanford Encyclopedia of Philosophy, “the term `the rule of law` must be distinguished from the term `a rule of law.`” The latter term is used to refer to a particular rule of law such as. A rule that says we must file our taxes before a certain date. The rule of law is one of the ideals of our political morality and refers to the rise of law as such and the institutions of the legal system into a plato.stanford.edu/entries/rule-of-law/ system of government. Retrieved 25 February 2021.
At a time of growing skepticism about science and evidence-based policy-making, it is worth asking where this data comes from and how it is compiled. The authors of the WJC Rule of Law Index began by identifying universal principles of the rule of law dating back to the ancient codes of Hammurabi, Confucius and Cicero. In modern times, the Universal Declaration of Human Rights remains a decisive criterion for articulating a series of economic, social, political and civil rights that are now enshrined in international treaty law.