Difference between revisions of "Increase/Decrease in the rule of law"
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Scenarios at this extreme of the axis will exhibit: | Scenarios at this extreme of the axis will exhibit: | ||
Transparency | Transparency | ||
Application and development of legal mechanisms would be accessible and understandable to the public | Application and development of legal mechanisms would be accessible and understandable to the public | ||
Effective distribution of power | Effective distribution of power | ||
Power would not be concentrated to the extent that it causes distortion of legal mechanisms (e.g. no persons or organizations become powerful enough that they are “above the law”) | Power would not be concentrated to the extent that it causes distortion of legal mechanisms (e.g. no persons or organizations become powerful enough that they are “above the law”) | ||
Checks and Balances | Checks and Balances | ||
Effective checks and balances ensure that power remains distributed over the long term (e.g. power not concentrated in the executive branch of government; and if temporarily concentrated, for example in the hands of an unusually popular politician, it is eventually redistributed to another politician or branch of government) | Effective checks and balances ensure that power remains distributed over the long term (e.g. power not concentrated in the executive branch of government; and if temporarily concentrated, for example in the hands of an unusually popular politician, it is eventually redistributed to another politician or branch of government) | ||
Effective, fair enforcement of laws | Effective, fair enforcement of laws | ||
Judiciary is independent, principled, motivated and qualified, free from political interference to apply laws against powerful interests | Judiciary is independent, principled, motivated and qualified, free from political interference to apply laws against powerful interests | ||
Limitation of politicians’ influence | Limitation of politicians’ influence | ||
Politicians’ influence limited by effective conflict-of-interest rules, disclosure requirements, and empowered media | Politicians’ influence limited by effective conflict-of-interest rules, disclosure requirements, and empowered media | ||
Lack of corruption | Lack of corruption | ||
Effective application of laws, distribution of power, and transparency will inhibit corruption | Effective application of laws, distribution of power, and transparency will inhibit corruption | ||
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Scenarios at this extreme of the axis will exhibit: | Scenarios at this extreme of the axis will exhibit: | ||
Lack of transparency | Lack of transparency | ||
Application and development of legal mechanisms would be handled behind closed doors by political appointees | Application and development of legal mechanisms would be handled behind closed doors by political appointees | ||
Concentration of power | Concentration of power | ||
Power, both political and commercial, would be concentrated to the extent that it distorts legal mechanisms (e.g. certain persons or organizations become powerful enough that they are “above the law”) | Power, both political and commercial, would be concentrated to the extent that it distorts legal mechanisms (e.g. certain persons or organizations become powerful enough that they are “above the law”) | ||
Ineffective Checks and Balances | Ineffective Checks and Balances | ||
power remains concentrated in specific persons or branches of government over the long term (e.g. power concentrated in the executive branch of government, which can then pressure the legislative branch to amend the constitution) | power remains concentrated in specific persons or branches of government over the long term (e.g. power concentrated in the executive branch of government, which can then pressure the legislative branch to amend the constitution) | ||
Ineffective, uneven enforcement of laws | Ineffective, uneven enforcement of laws | ||
Judiciary is politicized, comprised of appointees who are not independent of the other branches of government or other powerful interests | Judiciary is politicized, comprised of appointees who are not independent of the other branches of government or other powerful interests | ||
Limitation of politicians’ influence | Limitation of politicians’ influence | ||
Politicians’ influence limited by effective conflict-of-interest rules, disclosure requirements, and empowered media | Politicians’ influence limited by effective conflict-of-interest rules, disclosure requirements, and empowered media | ||
Corruption | Corruption | ||
Ineffective application of laws, concentration of power, and lack of transparency will inevitably breed corruption | Ineffective application of laws, concentration of power, and lack of transparency will inevitably breed corruption | ||
Latest revision as of 12:12, 29 September 2009
Increase/Decrease in the rule of law
This force could move in either of two directions:
1) Toward greater consistency and transparency in the development and application of laws;
2) Toward less consistency and transparency in the development and application of laws.
This force would also act along an axis where the two directions above would define the two extremes of the axis.
One extreme of the axis is defined by: greater consistency and transparency in the development and application of laws.
Scenarios at this extreme of the axis will exhibit:
Transparency
Application and development of legal mechanisms would be accessible and understandable to the public
Effective distribution of power
Power would not be concentrated to the extent that it causes distortion of legal mechanisms (e.g. no persons or organizations become powerful enough that they are “above the law”)
Checks and Balances
Effective checks and balances ensure that power remains distributed over the long term (e.g. power not concentrated in the executive branch of government; and if temporarily concentrated, for example in the hands of an unusually popular politician, it is eventually redistributed to another politician or branch of government)
Effective, fair enforcement of laws
Judiciary is independent, principled, motivated and qualified, free from political interference to apply laws against powerful interests
Limitation of politicians’ influence
Politicians’ influence limited by effective conflict-of-interest rules, disclosure requirements, and empowered media
Lack of corruption
Effective application of laws, distribution of power, and transparency will inhibit corruption
The other extreme of the axis is defined by: lack of consistency and transparency in the development and application of laws.
Scenarios at this extreme of the axis will exhibit:
Lack of transparency
Application and development of legal mechanisms would be handled behind closed doors by political appointees
Concentration of power
Power, both political and commercial, would be concentrated to the extent that it distorts legal mechanisms (e.g. certain persons or organizations become powerful enough that they are “above the law”)
Ineffective Checks and Balances
power remains concentrated in specific persons or branches of government over the long term (e.g. power concentrated in the executive branch of government, which can then pressure the legislative branch to amend the constitution)
Ineffective, uneven enforcement of laws
Judiciary is politicized, comprised of appointees who are not independent of the other branches of government or other powerful interests
Limitation of politicians’ influence
Politicians’ influence limited by effective conflict-of-interest rules, disclosure requirements, and empowered media
Corruption
Ineffective application of laws, concentration of power, and lack of transparency will inevitably breed corruption