Measuring and Analysing the Rule of Law: A Practical Guide by V-Dem

Understanding and measuring the rule of law is crucial for strengthening democratic governance. How can policymakers and democracy advocates accurately track and respond to legal, civic and institutional challenges? Variations in rule of law definitions however complicate policymaking, underscoring the need for a comprehensive approach that enables for better comparisons and evidence-based strategies. V-Dem’s policy brief underscores that the most important benchmarks are rooted in our global human rights architecture, where key elements include judicial independence, checks and balances and the absence of corruption.

This policy brief offers a practical, evidence-based framework for tracking rule of law developments and democratic trends - whether erosion or progress. Using V-Dem’s indices, comparison and online graphing tools, policymakers and practitioners can assess, and visualise, data and trends across countries, regions and over time. This as to both legal-procedural aspects (V-Dem’s Rule of Law Index) - such as legality, procedural-judicial impartiality and adherence to institutional-constitutional requisites - and substantive elements (V-Dem’s Private Civil Liberties Index and Equal Protection Index), including non-discrimination, civil rights protection and freedoms. 

By examining both perspectives, stakeholders gain a comprehensive understanding of the rule of law in any given country.  Building on this, the policy brief identifies three key patterns to watch: (1) the legal-procedural core of rule of law deteriorates most notably in countries where governments undermine or derail democracy; (2) the opposite occurs in countries where governments make democratic improvements, which strengthens the rule of law; and (3) achieving high levels of legal-procedural rule of law is highly unlikely without respect for human rights.

Thus, equipped with these accessible online tools and data-driven evidence, stakeholders can visualise, compare and respond to rule of law trends worldwide, making this brief an indispensable resource for designing both effective and strategic policies and programming interventions.