What is the Rule of Law?

A document titled 'Activity: Rule of Law Index' providing instructions for a research and presentation activity, including steps for reviewing Australia's performance and choosing countries based on their rule of law index scores.

Activity: Rule of Law Index

Approximately 60 minutes

Learning Intentions

  • Explain the different community factors impacted by the rule of law.

  • Contrast the experience of the rule of law in Australia with that of other nations.

  • Understand the benefits of a strong rule of law for the wider community and prosperity of a nation.

Instructions

Step 1 Teacher introduces class to the World Justice Project Rule of Law Index

As a class, discuss the Rule of Law Index and navigate the site to review Australia’s performance. Ensure you click on the insights tab at the top to show students the overall trend.

Define Authoritarianism and Democracy, followed by a general discussion on the impact of government having too much power, without checks and balances and its impacts may assist with interpreting data and understanding how the rule of law can be impacted by the research factors below.

Step 2 Form groups

Split into pairs.

Step 3 Choose your countries

Go to the World Justice Rule of Law Index: https://worldjusticeproject.org/rule-of-law-index/globalNavigate to the ‘Ranking’ section.

Each group must select two countries

  • Country 1: Index score between 0.90 and 0.70

  • Country 2: Index score between 0.60 and 0.50

  • Country 3: Index score less than 0.40

Step 4 Research

When you click on your selected country, there is a menu on the left where you can explore by each issue or factor. For each country investigate the following:

  • Overall Index Score. (from the rule of law index). Using the diagram below, describe how the index has changed over time.

  • Constraints on government powers. Looking at the information on this page, state whether government powers (the executive) are kept in check by the legislature and the judiciary. How would this impact on the government’s use of power?

  • Absence of corruption. What is the score for the absence of corruption? What impact can corruption have on the rule of law? How does corruption influence a civic culture?

  • Open Government. What is the score for civic participation? Do further research to find out what kind of political system exists in this country, write a definition and outline how it differs from democracy.

  • Fundamental Rights. Describe how rights recognition has changed over time. Choose the most recognised right in this country and research one way that it is supported. What is the least recognised right and how is it denied to individuals in this country? Why is freedom of speech a critical right in a democratic society?

  • Crime and Security. What is the global ranking? Does this mean that crime is effectively controlled in this nation?

  • Regulatory Enforcement. Is due process (the rules and procedures to make everything fair) followed by administrative proceedings (when people are dealing with government)? Why is this important for the rule of law?

  • Civil Justice. Are civil disputes influenced by the government in a way that might change outcomes? Why did you come to that conclusion?

  • Criminal Justice. Describe the trend over time for the criminal justice score. Using the criminal justice subfactors below, what aspects of the criminal justice system are the most effective? Create a table that compares Australia’s scores with this country.

Step 5 Present your findings

Prepare a short PowerPoint or similar presentation. Include a direct comparison of the two countries and answer:

Do you think there is a link between respect for the rule of law and the stability and success of a country? Why or why not?

What do you think?

In 2019, former President of the Philippines, Rodrigo Duterte, said the country’s Constitution was like “a piece of toilet paper”.

What do you think he meant by this? What does this reveal about attitudes toward the rule of law of some countries?

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