February 4, 2019, shaking up the European Union (EU) in Poland.Law passed.The law allows the government to fine or remove from office judges who criticize the administration. This law allows the government to fine or remove from office judges who criticize the regime. Such government intervention in the judiciary has been described as indicative of the decline of the "rule of law" and the rise of "authoritarianism.honorific or passive form of the verb "suruThe Rule of Law.One of the basic valuesThis law is a threat to the EU, which holds up the law as a

It's our trial": a demonstration against a new law in Poland (Photo: Grzegorz Żukowski/Flickr[)CC BY-NC 2.0])

Poland is not alone in seeing a decline in the rule of law. Across the world as a whole, as of 2018, the rule of law is alsoDecreased for two consecutive yearsWhat is the rule of law, anyway? What is the rule of law? What are the problems caused by the decline of the rule of law? In this article, we will explain the concept of the rule of law and look at global trends and the actual situation in various countries regarding the rule of law.

What is the Rule of Law?

rule of lawis the principle that law precludes the arbitrary exercise of power by state agencies. It is a principle shared with the rule of law in that power is limited by law. However, in contrast to rule by law, which holds that the appropriateness of the content of a law is not questioned as long as it is made through due process, under the principle of the rule of law, all laws must be compatible with fundamental human rights.must .... The scope of the concept of rule of law is also broad, and is not limited to simply ensuring that state institutions abide by the law. The World Justice Project, a U.S. NGO that has surveyed the rule of law in various countries and published a report annually since 2008 (World Justice Project: WJPis about the rule of law.8 ElementsThe following table defines the The eight elements are described below.

The first is,curtailment of government powerThe first is. The second is,Lack of corruptionThe first is. All state institutions are free of bribery, indicating that public funds are not being used illegally. thirdopen governmentThe first is that information within the government is open to the public, creating an environment in which citizens can actively participate in politics.fundamental rightIt is. Regulated by international law.fundamental human rightsis not infringed and protected by national law.

Order and Securityis the fifth, which indicates that the safety of the people's bodies and property is ensured. This is a prerequisite for the rule of law to function. the sixth isRegulatory EnforcementThe seventh is: that laws and administrative regulations are fairly and effectively enforced,civil justiceThe first is about the It is about the absence of undue government intervention or corruption in the civil justice system and the ability of the people to resolve civil matters peacefully. eight.criminal justiceAs with the seventh, it means that there is no undue government intervention or corruption in the criminal justice system and that criminal investigations and sentencing are conducted effectively. These are the elements of the rule of law. If each of these is met, we can say that a nation has a high rule of law. Let us now look at the global trends for each of the elements.

Global Overview

Summary of 2018 results.WJP's 2019 Reportshows that the overall global trend was that government power restraint and criminal justice, open government, and fundamental human rights worsened from 2017 to 2018, among the eight factors. The most common deteriorating factor was government power restraint, which was found in the majority of all countries surveyed. This can be said to be linked to the rise of authoritarianism. The largest decline in basic human rights was also observed over the past four years. These results can be gauged by other indicators besides the WJP. For example, Freedom House, an NGO that surveys and reports on freedom rights around the world (Freedom House), as well as in terms of people's freedom in relation to their fundamental rights, from the survey of the13th consecutive year of declinewere seen. Other African Governance Reports (African Governance Report) (*1), when looking at the African region alone, the rule of law has improved overall, but the numbers themselves are not that high, and many problems remain, such as the fact that a system to prevent unconstitutional regime changes is not yet in place.

On the other hand, the overall global improvement from 2017 to 2018 is reported to have been, in order of greatest improvement, regulatory enforcement, civil justice, lack of corruption, and order and security in the eight elements of the WJP. In terms of other indicators, with regard to the issue of corruption, Transparency International, an international NGO that studies and reports on corruption issues around the world (Transparency International), we can say that there has been an improvement from 2017 to 2018, but the majority of countries still do not have adequate measures in place.inadequateIt is considered to be the most important. Other issues in Africa as a whole include the judicial system and the protection of private property.improvementwere seen.

These are the global trends as a whole. What is the actual situation in each country?

Rule of Law: Top 5, Worst 5

First, let's look at the countries with the highest and lowest rule of law in WJP's 2019 report. The top five, from top to bottom, are Denmark, Norway, Finland, Sweden, and the Netherlands. The Nordic countries dominate the list, with Denmark in first place for all four elements: government power restraint, lack of corruption, enforcement control, and civil justice; Norway in second place for open government; and Finland in third place for fundamental rights and criminal justice.

The countries with the lowest rule of law were, in descending order, Venezuela, Cambodia, the Democratic Republic of the Congo, Afghanistan, and Mauritania. Venezuela, at the bottom of the list, was particularly notable for the illegal occupation of legislative and judicial power by the government of President Nicolas Maduro.The following is a list of the most common problems with theFor example, after letting the Supreme Court do the government's bidding and after the opposition won the 2015 parliamentary elections.Dismantling CongressThe government has been trying to create a new constitution by creating a Constitutional Constituent Assembly separate from the National Assembly. It is also attempting to create a new constitution by creating a constitution-making assembly separate from the National Assembly. Cambodia also shares with Venezuela in its failure to rein in government power: in 2017, it had the Supreme Court dismantle the opposition Cambodia National Rescue Party (CNRP). Prime Minister Hun Sen insists that this decision was based on the "rule of law," but he has been using the arbitrary use of power as a verbaljustificationIt is believed that the government is merely trying to force the government to do so. It has also put pressure on the press: in 2018, it sold The Phnom Penh Post, an English-language newspaper that was one of the few remaining news organizations independent of the government, to a Malaysian businessman with ties to the ruling party. He has also skillfully used his diplomatic power to persuade Thailand, Malaysia, and Indonesia to detain and deport members of the CNRP.

The Democratic Republic of the Congo, the third worst, is in the eastern part of the country.Conflicts in North and South Gib.The rule of law is quite low in the In the country as a whole, the dictatorial regime of former President Joseph Kabila has been a problem. In response, the new president, Felix Cissekedi, has stated that he will give top priority to improving the problems of corruption and immunity, and that he will respect the human rights of all citizens.declarationThe first two countries in the list are Afghanistan, which ranks last in terms of order and security by element. Afghanistan is next, recording the lowest rank in terms of order and security by element. Previously.GNV ArticlesBut as we have shown in the government, judiciary, and policecorruptionis rampant and the Taliban is gaining strength. In Mauritania, which ranked fifth worst, theslaveryAlthough a law was passed in 2007 to criminalize slavery, and anti-slavery organizations have been involved in relief efforts, it has yet to be completely eradicated. Human trafficking is also rampant, but the government has not taken sufficient measures to combat it.

Venezuelan President Maduro (Photo: Presidencia El Salvador/Flickr[)CC0 1.0])

Although the above results were obtained, as can be seen from the map, there are countries that are omitted from the WJP ranking due to difficulties in collecting data in the first place, and there are likely to be many countries with even lower rule of law than the five worst countries. Such countries can be divided into two main patterns: the first is countries in conflict; the second is countries that are in the midst of a conflict.Syria, ,Yemen, ,Libya, ,Somalia, ,Central African Republic, ,South SudanThe rule of law is the law that restrains the power of state institutions, protects basic human rights, and maintains order and security. The second is authoritarian countries.Saudi Arabia, ,North Korea, ,Eritrea, ,Equatorial Guinea, ,TurkmenistanThe following are examples of such cases. Authoritarianism means that power is concentrated in the hands of the head of state or the administration, and political freedom is not guaranteed, allowing the government to exercise power arbitrarily, and the rule of law does not function.

So, which countries have seen an improvement or worsening of the rule of law from 2017 to 2018? The following is a description of what the reality is based on WJP's 2019 report.

Countries where the rule of law has improved or declined

Countries that showed significant improvement include Zimbabwe, Guatemala, and Malaysia.

President Mnangagwa of Zimbabwe (Photo: GovernmentZA/Flickr[)CC BY-ND 2.0])

In Zimbabwe, former President Robert Mugabe was overthrown in 2017 after 37 years of dictatorship, and Emmerson Mnangagwa took office as president. President Mnangagwa has claimed that he will address human rights issues as a reform to rebuild Zimbabwe. In fact, after Mnangagwa assumed the presidencyDemocratization is progressing.The electoral system, however, continues to show improvement in some areas, such as in terms of freedom of expression. However, the electoral system continues to be politically repressive in some areas, and freedom is not guaranteed, etc.Room for improvementis significant. In Guatemala, theInternational Committee to Combat the Problem of Penalty-Free Guatemala（CICIG has been active since 2007 and is addressing current security issues, such as helping to combat criminal gangs prevalent in the country. CICIG has been active since 2007 and is addressing current security issues, including supporting the elimination of criminal organizations prevalent in the country. In addition, CICIG has actuallyHomicide rates also declined.The reality is that many issues remain to be resolved, such as immunity. On the other hand, there are still many issues to be addressed, such as immunity. Another country that has made significant improvements is Malaysia. Malaysia is another country that has made significant improvements.GNV ArticlesAs we also noted, the "world's worst corruption" in Malaysia from 2009 to 2014 under former Prime Minister Najib Razak, Najib...Significant improvement since his arrest.The new administration is also making progress on reforms. Reforms by the new administration are also underway.

On the other hand, there are some countries where the rule of law has deteriorated significantly. Nicaragua, Iran, and Jordan are a few examples.NicaraguaThe government has a pronounced authoritarian streak and the concentration of power in the executive has led to violations against rebels with complete impunity; anti-government demonstrations in April and September 2018 were suppressed by police and armed pro-government groups, resulting in many deaths. Anti-government groups were thoroughly cracked down on, and journalists from news organizations who covered the demonstrations were detained.

A demonstration for the rule of law and democracy in Nicaragua in Granada, Spain (Photo: Julio Vannini/Flickr[)CC BY-NC 2.0])

Suppression of demonstrations by forcewas also seen in Iran. Many are confronting deteriorating economic conditions, government corruption, and lack of political and social freedoms. However, since the first demonstrations in December 2017, large numbers of arbitrary arrests have been seen and violent suppression has also occurred; some 4,900 people were arrested during demonstrations in December 2017 and January 2018. As previously reported in GNV.Women's Rights Issuesalso stood out. In Jordan, theInternet Crimes ActThe amendment was requested because of the ambiguity of the definition of "hate speech," which was defined as a crime in the "Hate Speech Act" (hereinafter referred to as the "Hate Speech Act"), and it is said that this led to another setback. The amendment was to define hate speech as "speech that criticizes the government. In other words, the press would be suppressed from speaking out and would no longer be able to fulfill its role as a restraint on government power.

after this

We have discussed the actual conditions in each country where the rule of law has improved or declined, but are any measures being taken to address the decline in the rule of law? In this article, we have mainly introduced the actual situation of the rule of law in each country based on the WJP's report, but we have also discussed how the rule of law in each country, as in the case of the WJP, has improved or declined.corruptionand as a fundamental human right.civil libertiesThere are other organizations that conduct research and report on such matters as

All are equal before the law: a picture of the Goddess of Justice left on a South African wall (Photo: Ben Sutherland/Flickr[)CC BY 2.0])

As mentioned at the beginning of this article, this is the 13th consecutive year since the survey began regarding freedom.declineare being seen. Even social media, which is supposed to be an environment for free speech and information, is being unfairly used by authoritarians, and freedom on the Internet will be9th consecutive year of declineIt is reported that the number of cases recorded in the past two years has been the highest in the world. The WJP's 2020 report is scheduled for release on March 11, 2020. It will be interesting to see what the results will be.

1African Governance Report: An organization that studies governance in African countries and seeks to improve the lives of citizens in the African region.Mo Ibrahim FoundationA report on the governance of the African region by the

Writer: Maika Kajigaya

Graphics: Saki Takeuchi, Yumi Ariyoshi