Countries do not have the rule of law, not because they are not aware of technical legal problems or because they are too poor to buy the right equipment. On the contrary, they have poorly trained government institutions and not enough money because powerful and hostile interests in these countries steal state assets, underfund necessary goods, or actively work to undermine the rule of law – and the local culture is not strong enough to stop these practices. These laws tend to be eternal and immutable, making them largely resistant to social change and other factors that can lead to the development of laws in countries that use a civil law or common law system. Among these characteristics, the last one – the country`s code of law – is the one that does the most to define the legal system and influence its functioning. Streamline agencies to collaborate more effectively and coordinate work among the different elements of the legal system in countries with economies in transition. When police arrest criminals but corrupt courts release them, the rule of law fails. The same is true when police cannot make arrests due to outdated laws, or when laws, courts and police function but prisons provide fertile ground for gangs. In many governments and international organizations, however, work on police, courts, prisons and other elements of the rule of law is isolated. Many countries do not have secular legal systems and instead rely on religious laws for their legal systems.
Countries that follow a legal system based on religious law consider their laws to come from a deity, often in the form of prophets. Bottom-up reforms, by definition, target power structures outside the central government, such as businesses, religious institutions, and other citizen-run institutions. They are particularly useful because effective citizen groups can exert internal pressure on government. This can encourage recalcitrant governments to change and maintain the momentum for improvement, while preventing a reformist government from swinging toward autocratic tendencies, as many do. These problems are neither new nor disappearing. The United States alone has been trying to improve the domestic rule of law in other countries for more than a century, since the days when it created police forces in several Latin American states to reduce civil wars in the decades following the Mexican-American War. Modern rule of law programmes began to multiply in number and expenditure after the cold war. Today, many non-governmental organizations (NGOs), private and non-profit entrepreneurs, international organizations such as the World Bank, and bilateral donors from the United Kingdom to Japan are working on rule of law reforms. In the United States, the government, seven ministries and 28 agencies, offices and offices have worked on rule of law issues in more than 184 countries.
The most widespread form of the legal system in the world is based on civil law. Like many cornerstones of the legal system, especially in Western countries, civil law-based systems can trace their origins to Justinian`s 6th century Roman code. This article was written by LitigationFunding.com. Visit their website to learn more about the best legal financing options. Governments and international organizations must either work together across agencies and organizations to approach reforms holistically, or streamline agencies. For example, the World Bank is not engaged in police reform – but if it wanted to strengthen the rule of law in a country, it could look for a partner who could take law enforcement action. Meanwhile, U.S. Congress has imposed significant restrictions on military police training and has largely prevented USAID from training police officers, resulting in a plethora of agencies that each have a piece of the constitutional puzzle but often work poorly together. Tightening could improve the effect.
It would have to deal with supposedly short-term political needs stemming from long-term improvements in the rule of law, often advocated by USAID, that senior diplomats or Pentagon officials appreciate. Because many countries use a civil justice system, it is easy to identify common features, despite the many differences in their own legal code. Civil systems rely on statutory laws as the primary source of law, and the influence of the judiciary is generally passive and technical. Although independent of the British Empire, many of these countries maintained a legal system based on English common law. Over time, the legal systems of these countries have evolved to meet local needs, but are built on the common law system of the United Kingdom. The various actors and agencies have conflicting goals and strategies that often undermine each other and overwhelm small local governments. In addition, programs often fail. This is not good news for efforts that are important to so many high-level foreign policy objectives. In addition to lawyers and judges, aid agencies should include more anthropologists and sociologists in the field. Lawyers enjoy considerable credibility in their profession, but the rule of law goes far beyond legal reform. Lawyers need to be complemented by those from other disciplines who are more attuned to power dynamics and social structures. Treat legal and institutional reform as a tool to change power structures and culture, not as an end in itself.
Institutional reforms can also be used effectively to influence power and culture, and to build reform advocacy groups – if aligned with this goal. For example, the provision of computers to Chief Justices often results in the accumulation of dust from unused computers and serves as status symbols rather than work tools. However, if chief justices are offered computers, if they create an independent body empowered and funded to reduce corruption in the courts, institutional reforms are needed to avoid a source of impunity. Instead of offering study tours to the West to reach a quota, they can be distributed as perks for reformers to encourage others to follow their path, thus creating incentives for those who want to shop in Europe or the United States so as not to hinder reforms. Because the culture is so nuanced and campaigns can backfire, outsiders are more likely to succeed with locals who understand the situation on the ground rather than imposing their own ideas. Providing funding to other governments to influence laws and legal institutions is the most common form of rule of law programming and has been criticized for years. Top-down aid has too often led states to emulate Western institutions and laws while doing little to undermine the rule of law. Computers are made available to countries without electricity; Courthouses are being built, although most people are using traditional judicial institutions to resolve disputes; The esoteric sections of the law are formed and are not used. Many countries far from Europe, such as Japan, Korea and China, have used the German Civil Code as the basis for their own legal systems.
This system has also been used in Russia in the design of its own legal system. 5. There are many possibilities for computerizing judicial activity. Most courts in OECD countries have electronic forms, websites and electronic registers, but many countries have not yet implemented online services and the ability for lawyers to pursue cases online, or have done so in only a minority of courts. A simple definition of legal systems could be “the laws that govern a particular country and the standard by which they are used”. However, a broader description is needed to understand the true complexity and value of legal systems. Unique geographical, historical, and political events can also have a major impact on a country`s legal system. Since the dawn of civilization, legal systems have been essential in setting the rules of government, resolving disputes, limiting social instability, and maintaining ethical standards of fairness and justice. The legal systems of all countries, whether English and Western or based on ancient religious laws, are determined by a combination of history, culture and politics. Respect for and support for the rule of law brings great benefits to businesses and other stakeholders.
When the rule of law is weak, it is more difficult for responsible businesses to operate, comply with their legal obligations and protect their legal rights. Of course, a poor and reforming country may need money, education or technical assistance – these problems are real. But these are the effects of a weak rule of law, not the causes. The delivery of these goods will not solve the underlying problem. Established traditions, customs and behaviour practised by the courts to create a uniform legal environment. Most of the influence comes from diplomacy when a country negotiates to join an international organization. The effects of cultural change, once a state is part of an institution, are praised by theorists – but harder to see in practice. While common histories and cultural similarities have left many countries with very similar legal systems, there are hundreds of unique legal systems used around the world. The mere support of NGOs does not create a robust civil society capable of deterring overwhelming power.
Many NGOs are elitist, capital-based and unable to mobilise society at large. Effective bottom-up strategies may require elite groups with the specific expertise needed to transform state institutions, but they must also mobilize citizens where they are already gathered and where power lies. To understand another company at this level of detail, this work is done more effectively by third-party organizations with a more local presence, such as the Asia Foundation or the Open Society Institute, with support from external governments.