Good governance requires fair legal frameworks that are enforced by independent institutions (this includes the courts and the police). Systems are in place to prevent abuses of power and corruption.

It also means that all citizens have the right to equality before the law and that due process is followed in all legal matters. The rule of law also requires the full protection of human rights.

The UN Secretary General (UNSG) defines the rule of law as a “principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision‐ making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.”

When governance operates according to the rule of law, political order is established by rules and institutions that regulate and frame the use of power. In this context, the rule of law contributes to sustainable human development as a system of regulation and justice. It governs the use of power through the fair and equal application of rules and laws; it also focuses on the ability of the poor and marginalized to seek compensation for rights abuses through a system of legal institutions.

Reliability, Predictability, and the Rule of Law

The rule of law refers to the institutional process of setting, interpreting and implementing laws and other regulations. It means that decisions taken by government must be founded in law and that private firms and individuals are protected from arbitrary decisions. Reliability requires governance that is free from distortionary incentives through corruption, nepotism, patronage or capture by narrow private interest groups; guarantees property and personal rights; and achieves some sort of social stability.

This provides a degree of reliability and predictability that is essential for firms and individuals to take good decisions. Reliability and predictability require certain degree of political stability. Governments need to be able to make credible commitments and persuade the private sector that decisions will not ultimately be reversed due to political uncertainty. While this is not necessarily related to a particular political system in the short term, over the longer term democracy enhances stability by giving a voice to citizens to express their preferences through an open competition.

Good governance initiatives related to strengthening the rule of law may include:

• Increasing public awareness-raising on the national and international legal frameworks
• Advocating for capacity building and/or reform of judicial institutions.
• Advocating for strengthening the institutional and decisional independence of judiciaries.
• Advocating for the introduction of best practices in judicial effectiveness, such as court management and administration, judicial selection, and discipline, among other activities.
• Advocating for expanding access to justice.
• Advocacy for legal reform to eliminate discriminatory laws and policies, and enhanced access for persons with disabilities.

Examples of the Rule of Law as an Aspect of Good Governance

Hong Kong

In 1973, Sir Murray MacLehose declared in the opening session of the Legislative Council that ‘it was decided to transfer responsibility for the detection and investigation of corruption from the Police Force to an independent organization, standing apart from any department of the Government, and answering directly to the Governor’. From then on, ICAC became a fourth pillar of the regime and took its place alongside the administrative, legislative, and judiciary branches.

It is a fundamental principle of rule of law that everyone is equal before, and protected by, the law. However, when the government’s efforts to battle corruption failed to make much impact, lawmakers in Hong Kong realized that British-type criminal procedures provided too much protection for officials who were operating illegally.

Only by reducing the legal protections enjoyed by those in public office could the judiciary wield enough power to prevent abuses by public officials who were pursuing their private interests. The two unique features of the revised rules for official conduct were:

(1) Public officers were deprived of their ‘right to silence’

(2) Passage of an ‘unexplainable-wealth-is-offence’ law

South Africa

In 2006, advocate Jeanetha Brink blew the whistle on fraud occurring in the South African province of Guateng. According to her claims, the local anti-corruption hot line was not investigating tip-offs and was derailing investigations of cases against senior government officials. As a result of her charges, she was relieved of her duties and forced to resign. In 2008, a court declared her resignation was coerced and she was awarded compensation.