Law and governance
Measuring the rule of law
Indices of rule of law: a critical review
Authors:
Svend-Erik Skaaning
Publisher:
Department of Political Science, University of Aarhus, 2008
This paper offers a critical review of seven indices of rule of law. Based on a coherent framework, the comparative evaluation addresses some of the most crucial aspects of measures, namely their focus and scope, conceptualization, measurement, and aggregation.
The paper proceeds in four parts in which the indices’ focus and scope (after a short description), conceptualization, measurement, and aggregation are evaluated – in this order.
The assessment demonstrates that the measures diverge on all parameters in consideration and that the differences are often not only a question of form but also of appropriateness.
The rule of law measures are found to tap into at least two distinct dimensions; one of them tends to reflect the quality of the legal system (e.g. equality before the law and independent courts) and the other mirrors the level of order in society (e.g. absence of violence and crime).
The author suggests that future research can benefit from the explications and critical points put forward in this assessment in three ways:
- First, the critical appraisal provides implicit and explicit suggestions for improving the existing measures.
- Second, it is possible to learn from the advantages and disadvantages of previous measures while constructing new data sets and indices related to good governance in general and rule of law in particular.
- Third, the shortcomings of – and differences in – the leading measures call for re-examinations of the many studies that, in one way or another, have used them as rule of law indicators.
Taken together, the findings suggest that more precaution is needed in the development and application of rule of law indicators.
(Adapted from the author's abstract)
