Ivory Towers of the Judiciary and Progress

“Justice is too important a matter to be left to the judges, or even to the lawyers; the … people must think about, discuss and contribute to the future planning of their courts.”

How is an effective judicial system linked to progress?

Mian Ashiq Hussain argues that a judicial system plays a key role in building a stable social and political order, so its performance moves in step with economic development. He uses the World Justice Project's Rule of Law Index, built on eight factors, to show how rule of law and prosperity go together.

1. Correlation between efficacy of judicial system and progress The World Justice Project (WJP) compiles the Rule of Law Index on the basis of eight factors: institutional checks on government powers, absence of corruption, openness of government, enforcement of fundamental rights, order and security, regulatory enforcement, civil justice system and criminal justice system. Such elements play central role in enforcing and preserving the rule of law—the centre point of the Rule of Law Index.

Which countries led the Rule of Law Index 2020?

As the author reports, the Scandinavian countries and New Zealand were rated least corrupt, with Singapore also near the top. Estonia and the UK scored highly on open government, Singapore led on regulatory enforcement, the Netherlands on civil justice, and Finland, followed by Norway, on criminal justice.

According to the Rule of Law Index 2020, the group of Scandinavian countries and New Zealand were considered to be the least corrupt countries in the world. Singapore also stands out among the top countries on account of absence of corruption. From the point of view of openness of government, the score of Estonia and UK was exceptionally high. Singapore occupied the top position in the sphere of regulatory enforcement. The civil justice system of Netherlands was highly appreciated by WJP for being accessible, affordable and devoid of discrimination. Germany and Singapore closely followed Netherlands. The Rule of Law Index placed Finland at the top of the list in the criminal justice system, and it was closely followed by Norway. The measures may vary to some extent in view of diversity of social and legal systems based on different ideologies.

Does the rule of law raise national income?

The report's key finding, which the author highlights, is that the highest-income countries score higher on the overall index. He concludes that judges can play a key role in developing their economies, and that a state's socio-economic backwardness reflects the weakness of its judicial system.

The key insight of the report was: “The countries with the highest income score higher on the overall index.” Since a judicial system plays key role in developing steady socio-political system, it may be seen that the performance of a judicial system has positive correlation with the economic development. Judges may play key role in the development of their economies and socio-economic culture. A fortiori of the proposition is that socio-economic backwardness of a state reflects on the inefficacy of its judicial system

Frequently asked questions

What is the Rule of Law Index?

It is an index compiled by the World Justice Project. The author lists its eight factors: checks on government powers, absence of corruption, open government, respect for fundamental rights, security and order, enforcement of regulations, and the civil and criminal justice systems.

Which country ranked first for criminal justice in the Rule of Law Index 2020?

Finland, according to the figures the author cites, followed closely by Norway. The Netherlands was praised for an accessible, affordable and non-discriminatory civil justice system, with Germany and Singapore close behind.

Why does the author link judges to economic development?

Because a working judicial system underpins a steady social and political order. In his view, judges can help shape their country's economy and culture, and a weak judiciary is reflected in a state's economic backwardness.

What does the title Ivory Towers of the Judiciary suggest?

The page opens with the view that justice is too important to leave to judges and lawyers alone, and that the public should think about and help plan the future of their courts. The page then ties the performance of a country's courts directly to its economic progress.

Related Minds

• How Judges Are Appointed: UK, India and Pakistan Compared
• The Basic Structure Doctrine: India, Germany and Pakistan
• Why Constitutions Fail, and What Makes Them Flourish

Read the full argument in the book How Constitutions Flourish or Fail by Mian Ashiq Hussain.