World Justice Project – Written Evidence (ROL0011)

Introduction

1. The World Justice Project (WJP) is an independent, multidisciplinary organization that advances the rule of law globally by producing people-centered, independent, and original data to support evidence-based policymaking. Its flagship publication, the WJP Rule of Law Index®, annually assesses adherence to the rule of law across 142 countries and jurisdictions, identifying strengths, weaknesses, and trends through comparative rankings.[1]
2. Through this submission, WJP seeks to provide the House of Lords Constitution Committee with its data-driven insights on the rule of law.

Defining the rule of law

What are the components of the rule of law?

3. WJP defines the rule of law as a durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice.[2] This definition of the rule of law includes not only procedural aspects (such as clear, publicly promulgated laws, predictability in their application, and effective limits on exercises of power) but also broader societal conditions.[3] Under this definition, accountability ensures that both government and private actors are accountable under the law. Just law guarantees that laws are clear, stable, publicly accessible, and applied evenly, ensuring the protection of fundamental human rights, as well as property, contract, and procedural rights. Open government emphasizes transparency and meaningful public participation in the adoption, administration, adjudication, and enforcement of laws, fostering fairness and efficiency. Finally, accessible and impartial justice ensures timely delivery of justice by competent, ethical, independent representatives who are adequately resourced, reflective of their communities, and equally accessible to all without discrimination.[4]

Which factors can be used to assess the health of the rule of law?

4. The WJP assesses the status of the rule of law in the WJP Rule of Law Index®, an annual study that, using a people-centered approach that emphasizes individuals’ lived experiences, identifies adherence to the rule of law across 142 countries and jurisdictions. The Index assesses the rule of law across eight factors: Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice. These factors are further divided into 44 sub-factors. [5]

To complement the Index, WJP recently introduced EUROVOICES, a new tool offering granular insights into people’s experiences and perceptions of the rule of law across 110 subnational regions within the 27 EU Member States.[6] EUROVOICES captures two distinct perspectives by reporting separately on the lived experiences and perceptions of the general public, and the assessments of local legal experts. The data is structured into three thematic areas: Democracy and Fundamental Rights, Justice and Safety, as well as Transparency and Corruption, encompassing 10 pillars and 51 indicators.

Although the UK was not part of the EUROVOICES study, the approach demonstrates the value of assessing differences in the rule of law at the subnational level.

Is useful assistance to be gained from definitions of the rule of law used by international or supranational organizations, or in the legal systems of other countries?

5. Definitions of the rule of law developed by international and supranational organizations offer important guidance and help build a shared understanding. WJP’s definition aligns closely with that of the United Nations, which emphasizes accountability of all actors under laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights standards.[7] Like the WJP’s approach, this definition goes beyond formal procedures to consider the broader institutional and societal conditions necessary for the rule of law to function in practice. In developing its EUROVOICES framework, WJP also relied on the Council of Europe’s Rule of Law Checklist, adopted by the European Commission for Democracy through Law (Venice Commission).[8] This Checklist identifies six core elements: legality, legal certainty, prohibition of arbitrariness, access to justice before independent and impartial courts, respect for human rights, and non-discrimination.

How well is the rule of law understood by politicians and the public?

6. While the WJP does not directly survey politicians, its research provides valuable insights into public perceptions. WJP uses nationally representative surveys of the general population complemented by surveys of legal experts. To minimize institutional bias, WJP selects legal experts who are local, independent, and regularly engaged with their justice systems, while excluding public officials. Although it does not measure politicians’ understanding directly, WJP’s latest research on U.S. rule of law[9] provides useful indications of how the public values and experiences the principle in practice.

Has the rule of law been confused with the rule of lawyers?

7. In WJP’s surveys, respondents are not asked to define the rule of law directly. At the same time, WJP’s own framework emphasizes the broader understanding of the rule of law and whether it is actually delivering the intended outcomes.

The operation of the rule of law

What threatens the effective operation of the rule of law in the UK?

8. The 2024 Rule of Law Index® highlights a global decline in rule of law adherence, with 57% of countries experiencing a deterioration and only 43% showing improvement. The United Kingdom continues to perform strongly, maintaining a high score of 0.78, though this reflects a slight decline from 0.79 five years ago and 0.81 in 2017-2018. It ranks 15th globally, 12th in its regional group (EU, EFTA, and North America), and 15th among high-income countries.[10] All factors in the Index are rated above 0.70, reflecting the UK’s broad strengths. Yet, the data also highlights areas of concern, namely in civil and criminal justice. Access to civil justice remains a challenge, with the UK scoring 0.54 on this sub-factor, even after a slight improvement since 2020. This reflects ongoing concerns about the affordability of legal services, awareness of legal rights, and physical or procedural barriers to court access. Delays in civil proceedings are also an issue, with the score for timeliness declining from 0.66 to 0.63 over the past five years. In criminal justice, the effectiveness of the correctional system scores lowest at 0.53 (down from 0.56 in 2020). This suggests ongoing concerns about rehabilitation, inmate rights, and preventing repeat offenses. Impartiality within the criminal justice system has also weakened, with the score falling from 0.62 to 0.57 over five years, highlighting growing concerns about fairness and equal treatment. While other areas, such as timely adjudication (0.70) and freedom from government influence (0.82), remain strong, their modest downward trend suggests the importance of continued oversight.

What is Parliament’s role in upholding the rule of law?  Is it performing this role well, and how could it be improved?

9. The WJP Rule of Law Index® highlights several areas that directly reflect the UK Parliament’s role in upholding the rule of law, namely through oversight, accountability, and integrity mechanisms. In 2024, the UK scored 0.83 for legislative checks on executive power, which is a strong result that reflects Parliament’s central role in ensuring government accountability. While slightly down from 0.86 in 2020, it signals the importance of maintaining and reinforcing this function. Parliament’s role in promoting ethical conduct is also evident in the UK’s high score (0.76) for sanctioning official misconduct, showing that accountability mechanisms are working. Meanwhile, the score of 0.65 for preventing corruption in the legislative branch suggests a generally sound framework but with room for improvement in transparency and enforcement.

What is the Government’s role in upholding the rule of law? Is it performing this role well, and how could it be improved?

10. The WJP Rule of Law Index® also assesses the government’s role in ensuring the rule of law through effective regulatory enforcement, accountability, and citizen engagement. In 2024, the UK’s government demonstrated strong performance in these areas. It scored 0.80 on open government, reflecting robust efforts to publish laws, share information, and provide channels for public participation and oversight. The regulatory enforcement factor also received a high score of 0.78, showing that UK regulations are generally implemented fairly and effectively. Within this area, the strongest result was for government regulations being applied without improper influence, which held steady at 0.94, indicating a high degree of procedural fairness and integrity. However, certain aspects of government performance show signs of strain. The score for administrative proceedings being conducted without unreasonable delay fell from 0.77 to 0.68 in 5 years, suggesting concerns about bureaucratic efficiency and timeliness. Similarly, protections against unlawful expropriation declined slightly from 0.77 to 0.74 over five years.

What is the role of the judiciary in upholding the rule of law? Is it performing this role well, and how could it be improved?

11. The WJP Rule of Law Index® captures the role of the judiciary through measures of judicial independence, civil justice, and criminal justice. In 2024, the UK scored 0.82 for judicial checks on government power, reflecting a high level of independence and the judiciary’s ability to act as an effective check on executive authority. In the justice system more broadly, the UK continues to perform well, namely in maintaining integrity. In civil justice, scores are high for freedom from corruption (0.91) and protection from improper government influence (0.82). At the same time, as stated above, some areas of the judiciary’s effectiveness could be strengthened.

Is there a role for the public in upholding the rule of law?

12. The WJP Rule of Law Index® captures how civic engagement, public accountability, and individual rights contribute to the rule of law. In the UK, public oversight is strong, with a score of 0.83 for non-governmental checks on power (part of Factor 1 “Constraints on Government Powers”), showing a robust environment for independent media, civil society, and individual voices to scrutinize government action without fear of retaliation. Further aspects of transparency and accountability are captured under Factor 3 “Open Government”, which includes publicized laws and government data, the right to information, civic participation, and complaint mechanisms. The UK also performs well in civic participation (0.82), which includes protections for freedom of expression, assembly, and the right to petition. These mechanisms empower individuals to shape public policy and hold authorities to account. Complaint mechanisms are another important tool, and the UK scores 0.78 in this area, indicating that people can raise concerns about public services and expect meaningful responses.

How important is the rule of law for the UK’s economy and international influence?

13. The rule of law is a key pillar of the country’s economic strength and global influence. As shown by WJP and World Bank research, countries with stronger rule of law consistently enjoy higher GDP per capita and have stronger economies.[11] With an overall score of 0.78, the UK benefits from a legal framework that by global standards promotes investor confidence, fair regulatory enforcement, and contract reliability, which are core elements for economic growth.

What threatens the effective operation of the rule of law globally?

14. The 2024 WJP Rule of Law Index® shows a continued global deterioration in rule of law, with more than half of the 142 countries assessed experiencing declines over the past year. This trend is largely driven by weakening constraints on government powers, reduced protection of fundamental rights, and worsening access to justice. More specifically, declines in the factor Constraints on Government Powers reflect erosion in legislative, judicial, and non-governmental oversight. Nearly two-thirds of countries also saw declines in Fundamental Rights, particularly in areas such as freedom of expression and freedom of assembly. Civil Justice showed widespread backsliding as well, marked by increased delays, less effective alternative dispute resolution, and growing government influence. Taken together, these developments suggest systemic challenges to public trust, accountability, and the effective functioning of institutions around the world, and are consistent with the perceived rise in authoritarianism around the globe.

Which countries do you think are leaders in adherence to the rule of law, and why is this the case?

15. According to the 2024 WJP Rule of Law Index®, nine of the ten highest-scoring countries are European: Denmark, Norway, Finland, Sweden, Germany, Luxembourg, the Netherlands, Ireland, and Estonia, all scoring above 0.82 on a 0-1 scale (New Zealand is the only non-European country in the ten highest-scoring). Their consistently high performance reflects strong institutional checks and balances, transparent and accountable governance, and effective, impartial justice systems, reinforcing Europe’s leadership in advancing the rule of law globally.

10 April 2025

Appendix A: Change in the Score over Time

Appendix B:  United Kingdom Index Country Page