Guide to rule of law country analysis: The rule of law strategic framework

Donors are increasingly recognizing that promoting democratic governance (DG) rooted in the rule of law contributes to long-term, sustainable economic and social development. This guide focuses specifically on the link between the rule of law and democratic governance, with particular attention to the empowerment of the poor. It facilitates the design of rule of law strategies that contribute to democratic governance. Its purpose is to help conduct rule of law assessments and design programs that have a direct impact on democratic development, with particular attention to empowering poor and vulnerable groups.

Within the guide's DG assessment framework, the following essential elements comprise democracy:

• Order and security - The executive branch has immediate responsibility for order and security, but the judiciary has an important role as well in protecting rights and providing for the peaceful resolution of disputes
• Legitimacy - Addresses the substance of the law and the process by which it is developed
• Checks and balances - Rule of law depends on a separation of governmental powers among both branches and levels of government
• Fairness - consists of equal application of the law, procedural fairness, protection of human rights and civil liberties, and access to justice
• Effective application - Pertains to enforcing and applying laws.

The guide states that the essential elements of rule of law and the justice sector are mutually reinforcing in consolidating democracy and should be assessed together. The objective of this assessment process is to focus first on identifying the key problems that undermine the rule of law and only then focus on the programming solutions, rather than using potential programming solutions as the starting point for program design. The four steps are:

• Take into account the political and historical context - helps identify events that shape the environment and develops information on the country’s legal traditions and the origins of its current laws
• Understand the roles of major players and political will - helps identify the roles, resources and interests of those who might potentially support reform as well as those who stand to benefit from retaining the status quo
• Examine program options beyond the justice sector - this broadens the assessment beyond justice sector institutions to the overall polity
• Assess the justice sector - this provides for a structured assessment of each essential element in terms of the two components of the justice sector, the legal framework and justice institutions.