Challenges near and far demand the attention and generosity of donors. Climate change. Homelessness. Water and food insecurity. Economic and racial inequity. Free and fair elections. The list of critical needs is long, as is the roster of organizations striving to address them. Supporting these groups is important, but to achieve sustainable progress on all these fronts, nothing beats an investment in the rule of law.
Recognized for millennia as foundational to successful societies, the rule of law ensures all are equal under the law, regardless of power or position — that everyone is held accountable, that their rights are protected, and that they have access to impartial justice when disputes arise. The rule of law underpins democracy, and in its absence, communities of all kinds struggle.
The data bears this out. The annual Rule of Law Index, published by the World Justice Project, which I co-founded, uses surveys of practitioners and randomly selected households to gauge the rule of law in 140 countries. The data shows compelling correlations between the rule of law and positive societal outcomes, including economic development, stronger democracies, more peaceful communities, and better health and education.
When effective and independent institutions hold public and private officials accountable and curb corruption, lifesaving food and medicine can reach those who need it. When laws secure equal rights and institutions prohibit discrimination, traditionally marginalized communities can progress. When businesses can count on predictable laws, enforcement of contracts, and impartial resolution of their disputes, investments flow and economies flourish.
For these reasons, organizations as varied as the World Bank, the U.N. Environment Programme, the U.S. Chamber of Commerce, and the World Food Programme have made promoting and defending the rule of law central to their work. And for these reasons, supporting efforts to strengthen the rule of law should be a top philanthropic priority.
As the lead lawyer for Microsoft for more than two decades, I traveled the world and saw firsthand the impact of rule-of-law gaps on people everywhere as well as on the opportunities for the company. It became clear to me that while investments in a wide range of causes could help treat symptoms of societal problems, strengthening the rule of law was the best way to bring about long-term structural cures.
This is especially critical at a time when the rule of law is eroding across the globe. For the fifth year in a row, the 2022 WJP Rule of Law Index found a decline in the rule of law in a majority of countries. The pandemic put particular pressure on the rule of law as governments assumed expanded emergency powers, courts closed, freedoms of expression and association fell, and discrimination surged.
But even as the world emerges from the pandemic, the rule of law has not rebounded. Indeed, two-thirds of countries that saw their index score decline in 2021 experienced further drops last year. The United States improved its index score in 2022 but remains below its 2020 performance and still has considerable ground to recover following marked rule-of-law deterioration in recent years.
With philanthropic support, much can be done to turn the tide on these negative trends. Here are a few areas where the need is especially urgent.
Civic education and media engagement. Rule-of-law rhetoric is in vogue. Advocates on all sides of hot-button issues invoke the concept to legitimize and advance their causes.
Both fans and critics of the Supreme Court’s abortion decision in Dobbs v. Jackson Women’s Health Organization claimed that the rule of law was on their side, as have those on opposing sides of election-related disputes. President Trump cited the rule of law in revoking Obama-era environmental regulations he claimed were examples of executive overreach. Environmental advocates countered that the Trump administration’s actions amounted to abuse of the regulatory process and the rule of law.
Such facile use of rule-of-law terminology creates confusion and lays the groundwork for the idea to be co-opted and abused by those who are in fact working to undermine it. Chinese President Xi Jinping, for example, has promoted his own “Xi Jinping Thought on Rule of Law,” by which he means adherence to Communist Party diktat, or rule by law, rather than rule of law. Reported credulously by the media, misuse of rule-of-law rhetoric risks misleading the public and undermining these important principles.
Investing in civic education is one way to help citizens sort rule-of-law fact from fiction — and become effective advocates for these principles themselves. For instance, Street Law offers a rule-of-law curriculum for middle- and high-school students. iCivics creates lesson plans and games to engage schoolchildren in their civic rights and responsibilities. The American Bar Association Cornerstones of Democracy initiative promotes civics education and civil dialogue in communities.
Greater engagement with the media is also needed to strengthen its understanding of the concept and the accuracy of its reporting on rule-of-law topics. A good model is Protect Democracy’s Authoritarian Playbook, which offers journalists specific guidance for covering authoritarian tactics. Investing in such programs will allow more people to develop an understanding of what the rule of law is and why it’s fundamental to healthy democracies.
Data collection, analysis, and research. In an influential 2003 paper, the Carnegie Endowment for International Peace scholar Tom Carothers lamented “the problem of knowledge” when it comes to advancing the rule of law, urging research to strengthen understanding of the concept, how and why it works, and the types of reforms required to build it. Bridging this knowledge gap was one of the reasons I helped found the World Justice Project.
Much progress has been made in the two decades since Carothers penned those words, but important information gaps remain, and new challenges such as misinformation and cybersecurity have emerged. Those of us in the field have learned to measure the rule of law and to diagnose its absence, but identifying proven strategies for strengthening it remains a work in progress.
Scholars have filled volumes examining how democracies die, but the research is more limited on how to counter authoritarian forces and build rule-of-law systems that guarantee judicial independence, root out discrimination and corruption, and ensure access to justice. Efforts such as the Stanford University-based Strengthening Democracy Challenge and Princeton’s Innovations for Successful Societies are examples of the important work underway at universities, think tanks, and nonprofits to build a research base for rule-of-law solutions; they are a worthy focus for philanthropic investment.
Monitoring and accountability. Setting rule-of-law standards, monitoring performance, and holding governments accountable will ensure that rule of law is adopted by nations and communities worldwide. The European Union, for example, holds its member states to rule-of-law standards codified in its founding treaty and regulations. It’s no coincidence that E.U. members, and those that aspire to join, are among top index performers and consistent improvers. E.U. applicant states must develop specific plans to strengthen rule-of-law performance, measure progress, and report on the results.
Rule-of-law standards articulated by international development agencies, rating agencies, and business associations similarly compel progress. A number of national governments have told us they wish to improve their score in the WJP Rule of Law Index because the U.S. Millennium Challenge Corporation, which provides foreign assistance to fight poverty, uses the index to evaluate prospects for its development investments. Efforts to create, promote, and enforce such standards spur greater interest in and adherence to the rule of law and deserve far more donor attention.
No matter what kind of change donors seek, their investments will go further when the rule of law is stronger. Supporting it should be standard practice for all grant makers who strive to create thriving communities and a healthy and peaceful planet.
