Decline in the Rule of Law

SHARE THIS STORY
TWEET IT
Email

The World Justice Project Rule of Law Index covers 128 countries and surveys over 138,000 households and 4,200 legal practitioners and experts worldwide to measure how the rule of law is experienced around the globe.

The Index for 2021 makes for disheartening reading. It shows that deterioration in the rule of law is spreading worldwide with more countries registering declines in rule of law for the fourth year in a row. There were declines in 74.2 percent of the countries surveyed and improvement in only 25.8 percent. Those registering declines account for nearly 6.5 billion people, or 84.7 percent of the world’s population.

The COVID-19 pandemic contributed somewhat to the decline but given that this is the fourth consecutive year of declines, it is hardly the principal villain. Constraints on government powers fell and civil spaces diminished because of the pandemic, with restrictions on freedom of expression, civic participation, and freedom of assembly. South Asia, the Middle East, and North Africa had the most pronounced declines, but there were also declines in the EU and North America. The United States, for example, ranked 27th among the 128 countries assessed.

There are, I believe, a number of Reasons for this steady and consistent decline, among them is the decline in public civility (see the July 6 – 10, 2021 issue) and the astonishing lack of empathy (see August 1 – 7, 2021 issue), or the ability to walk a mile in the other person’s shoes.

Rule of law exists when people not only care about their community or nation, but most importantly, when they understand the interconnectedness of people. Where that exists in abundance, people select or elect leaders who also have empathy and who care not just about themselves and their hold on power but about the welfare of the entire community.

People with empathy and a sense of community, in my experience, make more informed decisions. This includes the decisions they make at the ballot box. Instead of voting for the candidate(s) who appeal to their fears or prejudices, they cast their ballots for the candidate(s) whose platforms reflect what is best for the polity as a whole. They do not vote against their own overall best interest in order to support a candidate who, while supporting a single issue that is important to them will hurt society in other significant ways.

Politicians and leaders who have empathy and a sense of community put the interests of their country ahead of their own selfish desires, making decisions and taking actions that serve the greater good, and this is especially so regarding following the rule of law.

Without the rule of law to rein in the government’s power over us, democracy could not exist. It is also impossible to have sustainable economic development without rule of law. The rule of law provides a framework for everyone, individuals, governments, and businesses, for how to act, and holds them accountable for those actions. Without this framework, societies would be chaotic and unpredictable and we would be reduced to living by the law of the jungle where only the strongest and most vicious survive. There would be no rules or boundaries. For example, if there were no enforced laws against assault or killing, everyone could carry a weapon and use it when provoked without fear of punishment.

Pay attention to the word ‘enforced’ in the previous paragraph because this is important. Rule of law does not mean merely having many laws on the books because laws not enforced equitably are like having no laws at all.

As I sit here staring at my computer screen and reading these words, I wonder if this decline in rule of law, like the decline in public civility and good manners, is irreversible or just a phase that, like a kidney stone, will painfully pass.

I will leave this parting thought, though. We cannot blame those in government for this dreadful situation. We, as individuals, must also step up and take responsibility to promote and protect the rule of law. Society, like democracy, can’t exist without law. It is the glue that holds us together, so let’s all join hands and pull things back on track. – NWI