Measuring and Conceptualizing Rule of Law (original) (raw)

Measuring the Rule of Law

2009

This paper describes the methodology used to build the WJP Rule of Law Index-a new quantitative assessment tool designed to offer a comprehensive picture of the extent to which countries adhere to the rule of law in practice. The WJP Rule of Law Index provides new data on nine dimensions of the rule of law −limited government powers; absence of corruption; order and security; fundamental rights; open government; regulatory enforcement; access to civil justice; effective criminal justice; and informal justice− and is compiled from original surveys of the general public and local legal experts. The paper also presents estimates for an initial group of 66 countries. ABSTRACT This paper describes the methodology used to build the WJP Rule of Law Index-a new quantitative assessment tool designed to offer a comprehensive picture of the extent to which countries adhere to the rule of law in practice. The WJP Rule of Law Index provides new data on nine dimensions of the rule of law −limited government powers; absence of corruption; order and security; fundamental rights; open government; regulatory enforcement; access to civil justice; effective criminal justice; and informal justice− and is compiled from original surveys of the general public and local legal experts. The paper also presents estimates for an initial group of 66 countries.

Triangulation of Theoretical and Empirical Conceptualizations Related to the Rule of Law

2021

Triangulation of the various methodological approaches towards the rule of law is highly desirable since it allows the combination of benefits and elimination of problematic aspects in each. The present article triangulates the conceptualizations of three approaches relating to the rule of law, namely Bedner’s review of the rule of law theories, the World Justice Project’s Rule of Law Index, and the review by Horák et al. of empirical measurement of legal consciousness, and identifies the most significant problem as a lack of communication between them. More precisely, the theoretical conceptualizations are not fully prepared for empirical measurement, and the empirical tools do not reflect the theoretical debate and its outcomes. Therefore, a new conceptualization of the rule of law is proposed to overcome these issues and consequently make the empirical measurement more valid.

THE RULE, THE LAW, AND THE RULE OF LAW: IMPROVING MEASUREMENTS AND CONTENT VALIDITY

This article examines the role of states in establishing the rule of law. It identifies several flaws in the current indexes and calls for better measurements of the rule of law by making two substantive claims: a) there is a need to account for law enforcement and citizen’s compliance as key components of the rule of law and b) measurements of the rule of law should be based on hard or behavioral data. This article proposes a road map to conceptualize the problem and presents promising initial data and an index that captures the “rule” dimension of the rule of law for Latin American countries. This represents a base for further examination and debate.

Pitfalls of Measuring the Rule of Law

The recent demand for new measures of the rule of law confronts several meth- odological challenges. This article calls for careful attention to fundamental social science ideas of conceptualization and measurement in approaching the rule of law. Efforts to measure complex social phenomena such as the rule of law are chal- lenging, and thus require that researchers and policy makers pay attention to the cautionary rules of social science in their efforts. Violating these basic rules risks producing measures that are not reliable or valid, and could be a bad basis for policymaking. This paper demonstrates some of the pitfalls that rule of law re- searchers have fallen into and suggests improvements in measurement approaches.

The rule of law principle and the effective functioning of democratic institutions

2013

The rule of law is one of the most debated topics in the legal science currently. This concept is dynamic, multidimensional and ever-changing as it varies depending on the political, cultural and historical traditions of each country. Today, the rule of law is a basic principle upon which modern democratic states and international (universal and regional) organizations (institutions) are based worldwide. This paper first analyzes the rule of law concept from a theoretical aspect in terms of effective functioning of democratic institutions by broadening its concept by including the concept of good governance. Then, the quantitative form of the rule of law measured trough the rule of law index is presented. This index leads to the conclusion that in different countries the rule of law is implemented in different ways. At the same time the index serves as a sufficient reliable indicator for the democratic capacities of modern states. The aim of this paper is to present the rule of law ...

Modern Concept of the Rule of Law: A Comparative approach

The rule of law is nearly generally bolstered at the national and universal level. The exceptional bolster for the rule of law in hypothesis, in any case, is conceivable as it were since of broadly dissimilar sees of what it implies in practice.

Rule of Law: a Fundamental Concept Without a Coherent Meaning

European Journal of Comparative Law and Governance

The concept “rule of law” is used worldwide. However, the meaning of the concept varies, depending on several factors such as geography and history. This article provides a brief overview of how the concept is understood in the Swedish and Chinese legal contexts, by defining its different characteristics. The research confirms that the concept, which originates from the West, is used and perceived quite differently in the two countries. In fact, the use of different terminology, law-state thinking and socialist rule of law with Chinese characteristics, confirm the differences in understanding.

Conceptualizing the Rule of Law

2019

With the rise of research on the rule of law during recent years, the meaning of that concept has become a subject of much debate. The lack of consensus becomes quickly noticeable when some of the existing concepts of the rule of law are examined. This chapter seeks to explore the different concepts of the rule of law – and its definitional prerequisites – present in the literature. This review is organized according to two competing accounts of conceptual analysis used in political science, hierarchical structures (e.g., Moller/Skaaning 2014), and radial categories (e.g., Collier/Mahon 1993). Hierarchical structures organize different definitions of a concept along a continuum from the thinner (or minimalist) definitions to the thicker (or maximalist) definitions, while the conceptual analysis of radial categories proposes the existence of a “primary category” (Collier/Mahon 1993) with different “diminished subtypes” of the concept (Collier/Levitsky 1997). Thick and thin conceptual...

RECONCEPTUALIZATION OF THE INTERNATIONAL RULE OF LAW (THEORETICAL RESEARCH)

The article gives description of main approaches to the international rule of law definition and its role in global civil society. The author analyses different rule of law definitions, suggested by foreign scholars. The main focus is placed on the international version of the rule of law concept. Special attention is given to the interrelation between somestic and international manifestations of the researched phenomenon. It is concluded that the idea of the international rule of law is quite challenging, because it is represented by a system of various characteristics (options).