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Rule of Law The term « Rule of Law » generally applies to ensuring that a State functions in accordance with its own laws and those international norms and treaties to which it has committed itself. The concept implies not only observance of the law but compliance with the principles of good governance (transparency, accountability, participation, non-discrimination) for all State structures and mechanisms, most notably those involved in the administration of justice (ranging from policing through due process to sentencing in all its forms, and rehabilitation). It is also intimately linked to the democratic political process, which cannot function without the rule of law as its guarantee. People cannot believe in democracy without this guarantee. Recognition that many States, particularly those emerging from post-colonial or post-conflict mode, do not enjoy the rule of law to the full has prompted increasing concern that such States fail their citizens (through lack of physical protection, or proper access to justice, or failure to ensure their full political, social or economic rights). In some cases, the machinery of State is used to actively deny their rights to citizens and others, including the right to life. There is a strong assumption that absence of the rule of law can breed further insecurity and criminality, with wider implications for regional security and stability. Hence a heightened donor concern in recent years to address shortfalls in States’ capacity to run according to Rule of Law principles. This realization was for many years inhibited by considerations of national sovereignty, which the recent doctrine of “Responsibility to Protect” has done much to reshape. Nowadays, the international community feels less constrained about urging States to reform their inner workings so as to meet the expectations and guarantee the rights of their own citizens. The new growth industry of international Rule of Law work has prompted much theorizing at policy level as to what constitutes best practice. However, much of what actually works at local level has not yet been captured or fed into policy debates. Donors accustomed to working with national governments often apply a top-down approach to reform of administration of justice (often using inappropriate models from their own countries). While recognizing the complementary need to ensure access to justice for local people who thus constitute the “demand side”, work to overcome major obstacles to accessing justice and the enjoyment of their rights by ordinary people is still in its infancy. Arguably, without the “buy-in” from such potential clients, the wheels of justice will not turn, or only do so for a privileged and propertied élite. Whole communities and demographics (notably women and the young) find themselves alienated from the formal justice system which appears to them distant, alien, corrupt and incomprehensible. Overcoming this distrust, and mediating such peoples’ access to justice are key components of Rule of Law work – often the preserve of the non-governmental sector—which tend to be overlooked in the broader donor-driven agenda, with its view from above. The Governance & Justice Group seeks to identify good practice on the ground and bridge these conceptual gaps. It focuses on small but effective measures to solve problems with constant feedback from its network of associates, fellows and affiliates on the ground. Drawing on their collective experience, we hope to serve as a forum to promote workable ideas, while retaining an awareness of the specifics of context, which can contribute to or impede the successful application of such models. Without these extra dimensions, rooted in local, empirical problem-solving, Rule of Law work risks losing popular buy-in and lacks sustainability – vital elements for its ultimate viability as an investment in the future for all concerned. We hope thus to contribute substantially to promoting Rule of Law work in many settings, in a spirit of open collaboration and sharing of ideas. The aim of this website is to provide the practitioner with practicable, useful and up-to-date information that informs approaches to problems that often seem intractable. It aims to be dynamic and interactive based upon comments and suggestions from those using it. Click on the GJG Exchange to send these comments/suggestions
The governance and justice sector is both complex and politically sensitive. As in all sectors, reform is a constant and dynamic process since no one country has a perfect system, and a great deal depends on the political will to implement change. Political will can be encouraged by adopting approaches (often highly innovative) that demonstrate how international standards and principles of governance agreed in regional fora may be applied in practice.
Strategies for getting from point A to point B: we start by viewing justice as a process and proposing a series of approaches that have worked for state and non-state entities in different contexts
Toolbox: provides a range of tools to inform the process of change considering the challenges confronting government and justice actors to deliver - and citizens to access – justice.
Good Practice: demonstrates a range of interventions that have proved effective in making justice more accessible and in tackling some major obstacles.
GJG Exchange: provides a forum/platform for your questions, comments and experiences
GJG: the make-up of the Group, where and how it operates
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