The World Justice Project is an independent, multidisciplinary organisation working to create knowledge, build awareness, and stimulate action to advance the rule of law worldwide. Where the rule of law is stronger, so is the economy, peace, health, and education. When laws are predictable and evenly enforced, investments flow. When everyone is held accountable, lifesaving food and medicine reach those who need it. And when institutions protect equal rights, marginalized people can progress.
For a number of years, the World Justice Project has been tracking the global rule of law which has been in decline for the fifth year in a row. The World Justice Project's Rule of Law Index 2022 (the Index) defines the rule of law as a 'durable system of laws, institutions, norms and community commitment that delivers accountability, just law, open government and accessible and impartial justice’. A lack of adherence to the rule of law jeopardises safety, justice, rights, peace and democracy.
In the 2022 Index Ireland ranked 10th overall out of 140 countries examined under the Index for its adherence to the rule of law. However, in one notable area civil justice Ireland dropped to 17th on the Index.
The World Justice Project takes into account many factors to determine a countries' ranking for civil justice. It considers whether:
a) people can access and afford civil justice;
b) civil justice is free of discrimination;
c) civil justice is free of corruption;
d) civil justice is free of improper government influence;
e) civil justice is not subject to unreasonable delay;
f) civil justice is effectively enforced; and
g) alternative dispute resolution mechanisms are accessible, impartial and effective.
It was reported that Ireland falls below other countries from the EU, EFTA and North America; and high income countries for effective enforcement, accessibility and affordability.
The civil legal aid system is currently under review by the Department of Justice; with calls for submissions earlier this year on what a future system may look like. Many in civil society and beyond have been critical that the current scheme does not extend to areas of law that disproportionately impact the most marginalised in our community including housing, social welfare, employment and equality disputes. Due to historic under resourcing there can also be significant delays in accessing civil legal aid for disputes covered by the scheme. The Legal Aid Board reports delays of anywhere from 2-29 weeks at the end of February for an initial appointment with a solicitor.
In other areas under review Ireland scored remarkably higher; ranking number 1 out of 140 countries for Order and Security for the 2nd year running. The Index states that this factor 'measures how well a society ensures the security of persons and property'. The World Justice Project considers absence of crime, civil conflict and violent redress in determining countries' rankings for Order and Security. Ireland landed a perfect score for absence of civil conflict.
Others areas of note include Ireland's ranking of 9 for constraints on Government powers, which 'measures the extent to which those who govern are bound by law' – a slight improvement on 2021. The World Justice Project assesses limitations of the legislature and judiciary, independent auditing, sanctions for official misconduct, non-governmental checks and lawful transition of power within each country to determine their ranking under the heading of constraints on Government powers. Ireland scored higher than the average (of countries within the same income and regional bracket) for each consideration regarding this factor.
For Open Government Ireland ranked 10th which 'measures the extent to which a government shares information, empowers people with instruments to hold the government to account and fosters civic participation'- a drop of 3 spots from 2021. In order to assess a country's score for Open Government, the World Justice Project considers publicised laws and government data, right to information, civic participation and complaint mechanisms available within the State. Ireland scored higher than the average (of countries in the same income and regional bracket) for all criteria in relation to this factor.
Finally Ireland also ranked 10th for Regulatory Enforcement. This factor 'measures the extent to which regulations are fairly and effectively implemented and enforced'. Notably, Ireland ranked 14th in the 2021 Index, meaning Ireland's score in this regard has increased. The World Justice Project considers respect for due process, effective regulatory enforcement and the level of improper influence, unreasonable delay and expropriation without adequate compensation present throughout the country to determine its ranking for Regulatory Enforcement. Ireland scored higher than the average of countries in the same income and regional bracket for all elements of this factor.