WJP Rule of Law Definition

1The WJP Rule of Law Index

Alejandro PonceThe World Justice Project

April, 2013

11The WJP Rule of Law Index in a nutshell2The ROL Index is a quantitative assessment tool designed to offer a comprehensive picture of the extent to which countries adhere to the rule of law in practice.Contribution: Comprehensive definition of Rule of LawNew data: Views and experiences of random ordinary peopleViews and opinions of expertsQuantification of 48 rule of law outcomes in 97 countries obtained from more than 400 variables.

22DRAFT - NOT FOR CIRCULATIONMotivationConsensus within the international community in support of the rule of law.

Establishing respect for the rule of law is fundamental to achieving a durable peace in the aftermath of conflict, to the effective protection of human rights, and to sustained economic progress and development. (United Nations)

Yet there is little agreement about what constitutes the rule of law and what its current status is

3Challenges in defining the rule of lawThin vs. thick

Ends vs. means

Western tradition

4WJP Rule of Law Index

5

WJP Rule of Law Index

State

DutiesChecks

7Measurement Approach8Perspective of the ordinary person:

Two sources of entirely new data:A general population poll (GPP): Probability sample - 1,000 respondents per country (three largest cities).Qualified respondents questionnaires (QRQ): Completed byin-country experts in civil and commercial law; criminal justice; labor law; and public health.

Botero J. and Ponce A., Measuring the Rule of Law. WJP Working Paper # 1 (2011). Available on-line at: www.worldjusticeproject.org

88DRAFT - NOT FOR CIRCULATIONExamples of questionsIn the last 3 years, have you or someone in your household, been subjected to physical abuse by the police or the military? [If yes] Did you or anyone else report the crime to the police or other authority? (GPP)

Assume that a poor person is arrested on suspicion of aggravated robbery. Assume that the suspect is taken into custody and detained at a local police station in the city where you live. How likely is it that the police interrogators inflict minor physical harm on the detained suspect to admit the crime? (QRQ)

10Measurement Approach

10The resulting data set contains more than 400 variables, derived from the assessments of 66,000 members of the general population and 2000 local experts, in the 66 countries included in the 2011 Index.

10DRAFT - NOT FOR CIRCULATIONBuilding the scores11400 variables

48 sub-factors and 9 factors

11118. Effective criminal justiceBuilding the scores8.1 Criminal investigation is effective.

8.2 Criminal adjudication system is timely and effective

8.7 Due process of law and the rights of the accused.- Presumption of innocence Arrest and pre-trial detention Torture and abusive treatment to suspects Legal representation Access to translators Evidence Rights of prisoners

30 questions

DRAFT - NOT FOR CIRCULATION

Validity checks14Face validity

Rely on several variables

Include the assessments of experts in different disciplines and the general public

Check our results against qualitative and quantitative third party sources.

Sensitivity analysis to assess how variation in the assumptions (including missing data, weighting, normalization, or aggregation) and the samples can alter our estimates

14The resulting data set contains more than 400 variables, derived from the assessments of 66,000 members of the general population and 2000 local experts, in the 66 countries included in the 2011 Index.

14DRAFT - NOT FOR CIRCULATION151) Definition: Different definitions and value structures (Uwa community in Colombia).Different legal architectures (Parliamentary democracy, presidential democracy, kingdom).Different goals (e.g. Criminal system: Retribution and deterrence in USA; rehabilitation and social harmony in Japan).2) Measurement:Cross-cultural differences.Sensitive questions.Measurement error.3) Sampling: Rural vs. urban.

Acknowledging limitations

1515

Rule of law in the world

Aggregate rule of law score

Rule of law and GDP per capita

Civil justice in the U.S.

Civil justice in the U.S.

Eastern Europe and Central Asia

Estonia: Ranks in the top 20 in 7 dimensionsRussia: Deficiencies in checks and balances (92/97)Turkey: 39th out of 97 in regulatory enforcement, 76th in fundamental rightsAggregate rule of law score

Bribery in Sub-Saharan Africa

Did you (or the person living in your household) have to pay a bribe in order to receive medical attention at any Public hospital or clinic?Accountability

EgyptIranJordanLebanonMoroccoTunisiaUAEIn practice, the government's power is not concentrated in one person, but is distributed among different independent branches, for instance the President or Prime Minister, the Congress or Legislative body, and the judges.0.580.260.650.900.680.640.38Government officials are sanctioned for misconduct0.490.350.550.390.480.480.71Source: The World Justice Project Rule of Law Index 2012-2013A tool for discussing country-specific findingsColombia, November 15, 2010:

(...) Another important organization that promotes justice around the world, the World Justice Project, just released its report entitled Rule of Law Index, and it includes Colombia If we review the area of access to justice, we find that we get a score very close to zero on the effectiveness of the criminal investigation system these reports, that are known on a global scale, must make us turn on our alarms. Youthe judiciaryand usthe governmenttogether with Congress, must put all our effort to achieving a more efficient and effective criminal justice system.

Juan Manuel Santos, President of Colombia

Colombia: Argument for reform

Mexico: Delivery of Justice26

2626DRAFT - NOT FOR CIRCULATION

0

For more information and data, please visit our website: www.worldjusticeproject.org

Thank you

2829

WJP Rule of Law Index2929

Definitions: Rachel Kleinfeld "Competing definitions of the Rule of Law"

Government bound by lawEquality before the lawLaw and orderPredictable, efficient justiceLack of state violation of human rights

3132Statistical Tests on the WJP Rule of Law Index

In summary, the JRC analysis suggests that the conceptualized multi-level structure of the WJP Rule of Law Index is statistically coherent and no dimension is dominated by any of its underlying components. Country ranks across the eight dimensions are also fairly robust to methodological changes related to the estimation of missing data, weight, or aggregation rule (less than 1 position shift in 90% of all cases).

Saisana, M., and Saltelli, A., Statistical Tests on the WJP Rule of Law Index 2011. http://worldjusticeproject.org/sites/default/files/jrcaudit_wjpindex2011.pdfSaisana, M., and Saltelli, A., Rankings and Ratings: Instructions for Use, Hague Journal on the Rule of Law, 2011, Volume 3, Issue 2. http://journals.cambridge.org/action/displayIssue?decade=2010&jid=ROL&volumeId=3&issueId=02&iid=8394462#

Statistical tests of the WJP Rule of Law Index

Middle East and North Africa

Discrimination against women and religions minorities remains an area of concern Imagine that the local police detain two persons equally suspected of committing a crime. In your opinion, which of the following characteristics would place one of them at a disadvantage?

Latin America & the Caribbean

Global RankingLimited government powers56 / 97Corruption57 / 97Order and Security72 / 97Fundamental rights49 / 97Open government52 / 97Regulatory enforcement54 / 97Civil Justice63 / 97Criminal justice68 / 97Sanctions for misconduct in LAC

Example: Assume that a high-ranking government officer is taking government money for personal benefit and one of his employees witnesses this conduct, reports it to the relevant authority, and provides sufficient evidence to prove it. Assume that the press obtains the information and publishes the story. Which one of the following outcomes is most likely? (data for Mexico)

Latin America, as a region, achieves the second lowest score in factor 1.5 Government officials are sanctioned for misconductFactor 7: Civil Justice55% of Chinese respondents answered that judges decide most cases according to What the government tells them to do. www.worldjusticeproject.org

Middle East and North Africa

Global RankingLimited government powers53 / 97Corruption46 / 97Order and Security48 / 97Fundamental rights76 / 97Open government57 / 97Regulatory enforcement49 / 97Civil Justice46 / 97Criminal justice54 / 97Latin America & the Caribbean

Chile and Uruguay rank in the top 25 in five dimensionsBrazil: Best performer among BRIC countries, but crime is highMexico: Weak in corruption, security, and criminal justiceVenezuela is the weakest performer in the region

Aggregate rule of law score

Sub-Saharan Africa

Ghana ranks first among low-income countries in four dimensionsZimbabwe: Deficiencies in checks and balances (96/97)Botswana ranks first in the region in seven dimensions and top 25 globally in six.Corruption is a problem throughout the region

Aggregate rule of law score

South Asia

Global RankingLimited government powers60/ 97Corruption75 / 97Order and Security82 / 97Fundamental rights69 / 97Open government71 / 97Regulatory enforcement75 / 97Civil Justice81 / 97Criminal justice59 / 97