{"id":27824,"date":"2024-03-13T09:51:25","date_gmt":"2024-03-13T14:51:25","guid":{"rendered":"https:\/\/alpha.pewresearch.org\/pewresearch-org\/2024\/03\/13\/rule-of-law-safety-and-the-judicial-system\/"},"modified":"2024-10-23T17:02:41","modified_gmt":"2024-10-23T21:02:41","slug":"rule-of-law-safety-and-the-judicial-system","status":"publish","type":"post","link":"https:\/\/alpha.pewresearch.org\/pewresearch-org\/global\/2024\/03\/13\/rule-of-law-safety-and-the-judicial-system\/","title":{"rendered":"6. Rule of law, safety and the judicial system"},"content":{"rendered":"\n

In several of the 24 countries surveyed, rule of law<\/strong> issues and improving public safety<\/strong> rank toward the top half of the changes people say could help improve democracy in their country. And safety \u2013 whether that be reducing crime, supporting law enforcement or other policies \u2013 is particularly salient in some of the middle-income countries<\/a> included in the survey (Argentina, Brazil, India, Indonesia, Kenya, Mexico, Nigeria and South Africa).<\/p>\n\n\n\n

In most places, though, relatively few people think that it\u2019s important to reform the justice system<\/strong> itself. Israel is the notable exception, where judicial system reform was the top<\/em> focus for improving democracy. At the time of the survey in Israel, waves of protests in response to proposed judicial reforms<\/a> were sweeping the country, and respondents were particularly focused on how implementing those reforms \u2013 or blocking them \u2013 would improve Israel\u2019s democracy. (The survey preceded the Oct. 7 Hamas attacks and the January Supreme Court ruling<\/a> that struck down the reforms.)<\/p>\n\n\n\n

Rule of law<\/h3>\n\n\n\n
\"A<\/a><\/figure>\n\n\n\n

In Greece, Poland and Kenya, issues related to the rule of law rank toward the top among the changes people think would help improve democracy in their country. Elsewhere, the issue typically hovers in the top 10 of the 17 substantive topics coded, but it doesn\u2019t make the top five.<\/p>\n\n\n\n

Rule of law concerns run the gamut, from people calling for politicians to \u201cfollow the law\u201d and \u201cfollow the Constitution\u201d to specific changes related to enforcing existing laws \u2013 or doing so more equitably.<\/p>\n\n\n\n

In some countries, older people are more likely to mention the topic than younger ones. For example, 7% of South Africans ages 40 and older mention rule of law issues, compared with 2% of adults under 40. Men are also somewhat more likely than women to mention the topic in some places surveyed.<\/p>\n\n\n\n

\n
\n

\u201cLeaders should execute their duties and their mandate well, according to the Constitution.\u201d<\/em><\/p>\nWoman, 26, Kenya<\/em><\/em><\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

In the U.S., conservatives (7%) are slightly more likely than liberals (4%) or moderates (3%) to mention the rule of law. The same is true in South Korea.<\/p>\n\n\n\n

But, in Poland, those on the left<\/em> are significantly more likely to mention the rule of law as a means to improve democracy. And those who have a unfavorable view of the right-wing populist party Law and Justice (PiS<\/a>), which was governing at the time the survey was conducted<\/a>, are substantially more likely to mention rule of law than those who view PiS favorably (10% vs. 1%). (For more information on how we classify populist parties, refer to <\/em>Appendix E<\/em><\/a>.)<\/em><\/p>\n\n\n\n

Follow and enforce existing laws<\/h4>\n\n\n\n

Respondents who emphasize rule of law often issue simple declarations about the need to \u201cfollow the Constitution\u201d <\/strong>or \u201crespect the Constitution.\u201d At times, they include specific invocations of the U.S. Founding Fathers or Indonesia\u2019s Pancasila<\/a> (the five-principle state philosophy set forth at Indonesia\u2019s founding). Other times, they indicate that current lawmakers are not<\/em> following the Constitution, as in the case of one woman in Poland who said, \u201cDemocracy is misunderstood in Poland. The Constitution is violated, and politicians don\u2019t care what people think.\u201d And sometimes, the emphasis is simply on respecting the existing founding documents of the country. As one woman in Spain said: \u201cI don\u2019t think anything else is needed to fix democracy except compliance with the Constitution.\u201d<\/p>\n\n\n\n

\n
\n

\u201cIn my opinion, to improve democracy in Italy, it would be enough to respect the existing laws and respect the people.\u201d<\/em><\/p>\nWoman, 71, Italy<\/em><\/em><\/em><\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

Beyond their country\u2019s constitution, people call for the following of existing laws<\/strong> \u2013 essentially, \u201cbetter enforcement of laws\u201d already on the books. In Brazil, for example, one woman complained, \u201cThe laws that are created are often not enforced.\u201d In Germany, a woman said, \u201cThe laws that we have should be more closely observed. That would change a lot.\u201d<\/p>\n\n\n\n

People also highlight the importance of equitably applying the law<\/strong> to all people in the country. One Indian man mentioned the importance of justice across social classes: \u201cThe legal system should not differentiate between the rich and the poor.\u201d In Greece, some emphasized enforcing laws to prevent \u201cfavoritism\u201d and allow \u201cmeritocracy.\u201d (For more on issues of individual rights and equality, read <\/em>Chapter 4<\/em><\/a>.)<\/em><\/p>\n\n\n\n

\n
\n

\u201cOur democracy is a sham democracy. It protects those in power, and it is nonexistent for the powerless. If the law is not equal for everyone, democracy is gone.\u201d<\/em><\/p>\nMan, 72, Italy<\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

Applying laws to politicians \u2013 including prosecuting them, when needed<\/h4>\n\n\n\n

Anger about poor enforcement of the rule of law sometimes centers on politicians<\/em>. One South African woman said democracy would improve if \u201cwe make sure we stick to the laws, irrespective of who breaks them. To create trust in this country, we need to get rid of corrupt officials.\u201d Respondents also mention prosecuting corrupt politicians<\/strong>:<\/p>\n\n\n\n

\n
\n

\u201cPunish all the political governors who are thieves, removing them from office.\u201d<\/p>\n<\/div>\n\n\n\n

\u2013 Man, 71, Mexico<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cImmunity of representatives should be abolished.\u201d<\/p>\n<\/div>\n\n\n\n

\u2013 Man, 37, Germany<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cThat accused officials can go to jail. Investigate them to see if they are honest and dedicated to the people.\u201d<\/p>\n<\/div>\n\n\n\n

\u2013 Woman, 28, Argentina<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cTaking [former prime minister] Raila Odinga to the International Criminal Court!\u201d<\/p>\n<\/div>\n\n\n\n

\u2013 Man, 30, Kenya<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n

Relatedly, people emphasize the need to prevent convicted or corrupt officials<\/strong> from continuing to hold office:<\/p>\n\n\n\n

\n
\n

\u201cEnd corruption, and elected officials must resign if they are indicted.\u201d<\/p>\n<\/div>\n\n\n\n

\u2013 Woman, 56, France<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cMembers of the National Assembly should be disqualified if they are corrupt.\u201d <\/p>\n<\/div>\n\n\n\n

\u2013 Man, 58, South Korea<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cThe leaders who have criminal cases against them should not have the right to contest elections.\u201d<\/p>\n<\/div>\n\n\n\n

\u2013 Man, 19, India<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cPoliticians once convicted of a criminal offense or a crime of moral turpitude should be dismissed from public office immediately without any recourse and never be allowed to serve again.\u201d<\/p>\n<\/div>\n\n\n\n

\u2013 Man, 71, U.S.<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n

(For more on views of politicians, read <\/em>Chapter 1<\/em><\/a>.)<\/em><\/p>\n\n\n\n

Ensuring safety<\/h3>\n\n\n\n
\"A<\/a><\/figure>\n\n\n\n
\n
\n

\u201cDemocracy in this country has been distorted. Lack of security could improve with the Armed Forces on the streets.\u201d<\/em><\/p>\nMan, 46, Argentina<\/em><\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

Public safety \u2013 including calls to reduce crime, improve policing and protect women \u2013 is also seen as a way to improve democracy, particularly in some of the middle-income countries surveyed. The issue appears in the top 10 named in Argentina, Brazil, Kenya, Mexico, Nigeria and South Africa.<\/p>\n\n\n\n

In Argentina, which is in the midst of its worst economic crisis in decades<\/a>, safety is ranked fourth of the 17 substantive topics coded \u2013 higher than any other survey country. Some Argentines tie crime and the economy together, as in the case of one woman\u2019s declaration: \u201cMore work, less violence.\u201d<\/p>\n\n\n\n

In most other countries, though, focusing on safety is less of a priority to improve democracy.<\/p>\n\n\n\n

Crime, safety and tougher punishments<\/h4>\n\n\n\n

Respondents who mention safety often focus specifically on lowering crime<\/strong>. They note that democracy would improve if there were \u201cless murder,\u201d \u201cstricter laws for crimes against women and strict action should be taken against rapists,\u201d and \u201cmore safety,\u201d among other issues. These sentiments are present in both high-income and middle-income economies. For example, a Swedish man said, \u201cStart with better laws and better sentences or penalties to get rid of all crime.\u201d And a Mexican woman asked for \u201cgood governors to put an end to all crime, to have more surveillance.\u201d<\/p>\n\n\n\n

\n
\n

\u201cAs a democratic country, crack down on crime properly.\u201d<\/em><\/p>\nMan, 69, Japan<\/em><\/em><\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

Some of these responses focus expressly on safety for women<\/strong>. A woman in India had a list of changes, suggesting, \u201cTechnology should be improved, bribery should be stopped, women should be protected, women should be employed, education should be better, law and order should be maintained.\u201d Another woman in Mexico suggested that the government \u201cpay more attention to what they need to do to support women who suffer violence, rape or mistreatment.\u201d But women were not the only people calling for this democratic improvement: \u201cWomen and children are dying every day; can\u2019t they increase security in our country?\u201d asked a South African man.<\/p>\n\n\n\n

Concerns about crime and safety lead some to favor stricter punishments<\/strong> for criminals. For example, people mention the need for \u201ca tougher hand with criminals,\u201d and generally \u201cstricter laws.\u201d They also offer specific policy solutions, including calls to reinstate the death penalty and put in place more severe punishments and prison sentences.<\/p>\n\n\n\n

The role of law enforcement<\/h4>\n\n\n\n
\n
\n

\u201cThe police should stop corruption and respect the law. Corruption is what makes people lose confidence in the country. Even those who work in government should be ethical and respect the laws of the country.\u201d<\/em><\/p>\nMan, 40, South Africa<\/em><\/em><\/em><\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

For many people who highlight safety as a means to improve democracy, empowering law enforcement <\/strong>is a good place to start. \u201cWe can make democracy improve by having strong institutions. The Constitution should be respected, the security personnel should do their best in making sure rules are respected,\u201d said a Nigerian man. And an Australian woman suggested, \u201cPay police the same amounts CEOs get and then we might attract better people to the job.\u201d<\/p>\n\n\n\n

Others take issue with the disrespect that police forces face in their country<\/strong>, like a German man who said, \u201cCrack down on people who show toughness against the police, fire brigade and rescue workers. A quick deportation of people who do not comply with law and order.\u201d And a French woman thought people should \u201crespect the law, respect the police, respect your superior, no violence.\u201d<\/p>\n\n\n\n

\n
\n

\u201cLaws that effectively treat police and politicians equally when they commit unlawful acts against the public. We should not place them above others by the nature of their positions. These changes alone would mitigate many cases of corruption and abuse of power being seen today.\u201d<\/em><\/p>\nMan, 53, U.S.<\/em><\/em><\/em><\/em><\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

Still, questions of police corruption<\/strong>, their immunity from prosecution and the need to apply the law to them were top of mind for some respondents. In the U.S., there were some who called for \u201cabolishing the police,\u201d while in Israel, people were sometimes critical of police violence against the Arab community. For example, one Israeli woman said, \u201cThe police should treat Arabs as citizens and not as terrorists.\u201d<\/p>\n\n\n\n

Safety and immigration<\/h4>\n\n\n\n

In South Africa and the U.S., some responses appealing for safety mentioned border security<\/strong> specifically. For example, one South African man suggested his country \u201cclose our borders, minimize crime.\u201d Another South African man said, \u201cStrict security on the country borders, more visible policy to reduce crime.\u201d An American woman felt similarly that immigration and crime were linked: \u201cTake care of American citizens first, take care of crime and prosecute criminals, close borders.\u201d And another U.S. woman said, \u201cFinish the wall at the border and prosecute street gangs and criminals.\u201d<\/p>\n\n\n\n

The judicial system<\/h3>\n\n\n\n
\"A<\/a><\/figure>\n\n\n\n

In most countries surveyed, people stop short of calling for changes to the judicial system as a way to improve their nation\u2019s democracy. Outside of Israel, the issue never ranks higher than 10th among the 17 substantive topics coded.<\/p>\n\n\n\n

In Israel, however, judicial system reform is the top<\/em> issue of those coded. And the issue comes up more among Israelis on the ideological right (21%) than those in the center (11%) or on the left (10%). Israelis who see large divisions across ideological lines or between parties in their country<\/a> are also about twice as likely as those who don\u2019t see strong conflicts to mention judicial system reform.<\/p>\n\n\n\n

In the U.S., those on the left are more likely to mention judicial system reform than those on the right.<\/p>\n\n\n\n

The people who suggest judicial system reform often fit squarely into two groups: 1) those who want \u201cless judicial activism\u201d and \u201cless interference\u201d from judges; and 2) those who want their judges to be more<\/em> independent and thus less subservient to politicians.<\/p>\n\n\n\n

Keeping judges out of politics<\/h4>\n\n\n\n
\n
\n

\u201cLess interference from the judiciary.\u201d<\/em><\/p>\nMan, 60, Brazil<\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

Some express concerns about judges meddling in politics \u2013 essentially, creating legislation from the bench. For example, one American man complained that \u201cactivist judges\u201d were \u201cmaking laws instead of applying the laws as written.\u201d<\/p>\n\n\n\n

A Spanish man also focused on the conflict between the legislative branch and the judiciary, noting, \u201cIt would be better if the justices did not interfere so much in the work of the government. I believe that the government has to govern and that the judges are oppositional. They should not be doing political work.\u201d In Spain, the survey was fielded a few months after the Spanish Constitutional Court blocked a parliamentary initiative<\/a> focused on simplifying the method of electing court members.<\/p>\n\n\n\n

Keeping politics out of the judicial system<\/h4>\n\n\n\n

In some countries, the concern centers more on politicians<\/em> meddling in the justice system \u2013 with calls for the judiciary to have \u201ctrue independence.\u201d In Poland, for example, years of judicial reform<\/a> have focused on allowing political oversight of judges, leading to clashes with the European Court of Justice<\/a> around the time of the survey. Polish respondents highlighted the need to elect new judges to the Constitutional Tribunal and change the people on it \u2013 or, as one woman said, \u201creelect the Constitutional Tribunal without politicians.\u201d (For more on views of politicians, read <\/em>Chapter 1<\/em><\/a>.)<\/em><\/p>\n\n\n\n

People elsewhere also highlight the political nature of judges<\/strong>. In the U.S., for example, one woman said that \u201cnominees for the Supreme Court should not be denied by Congress if they are qualified. There must be a way to control extremely partisan judges???\u201d In the UK, another woman emphasized how \u201cthe courts are quite biased\u201d and democracy would improve with \u201cmore impartial courts.\u201d<\/p>\n\n\n\n

Israel: Tension between interference and independence<\/h4>\n\n\n\n
\n
\n

\u201cTo not let the legal reform go through and eliminate the Court and all the gatekeepers.\u201d<\/em><\/p>\nWoman, 41, Israel<\/em><\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

In Israel \u2013 where, at the time of the survey, the government was pushing a controversial \u201creasonableness\u201d bill<\/a> meant to weaken the Supreme Court\u2019s power to cancel government decisions \u2013 people mentioned both<\/em> interference and independence.<\/p>\n\n\n\n

For example, concerns about interference centered on \u201celiminating the High Court\u2019s tyranny\u201d and \u201ccurtailing the unlimited power that the High Court appropriated to itself.\u201d Given the timing of the survey, people also focused on the need to push through the then-pending legislation, as in the case of one man who said, \u201cWe should quickly complete the legislation of Yariv Levin and cut off, once and for all, the head of the snake in the form of the legal system headed by the High Court.\u201d<\/p>\n\n\n\n

\n
\n

\u201cTo pass the laws that will limit the unbridled power of the court that acts as if our country was its private property.\u201d<\/em><\/p>\nWoman, 19, Israel<\/em><\/em><\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

Those focused on the independence of the judiciary highlighted the need to \u201cpreserve the court,\u201d to \u201ckeep the Supreme Court independent and not subordinate to anybody or entity,\u201d and to \u201cdo everything to keep the last word of the High Court on any social and moral issue.\u201d<\/p>\n\n\n\n

\n
\n

\u201cIn order to improve democracy, the judiciary must be fixed. Courts lack clerks, they save money and do damage. I prefer they spend more and make the law work. Some services take years to obtain, for sentences to be carried out.\u201d<\/em><\/p>\nMan, 82, Italy<\/em><\/em><\/em><\/em><\/cite><\/blockquote>\n<\/div>\n\n\n\n

Improving day-to-day functioning of the judiciary<\/h4>\n\n\n\n

Many of the other ways that people want to fix the judicial system focused on its day-to-day operation. For example, respondents in multiple countries highlight the speed of decisions:<\/p>\n\n\n\n

<\/div>\n\n\n\n
\n
\n

\u201cJudicial processes should be expedited!\u201d<\/p>\n<\/div>\n\n\n\n

\u2013 Man, 18, Argentina<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cThe judiciary should be reformed so court proceedings are faster.\u201d<\/p>\n<\/div>\n\n\n\n

\u2013 Man, 65, Italy<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cCases should be adjudicated faster.\u201d <\/p>\n<\/div>\n\n\n\n

\u2013 Woman, 45, Greece<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n

Others note that certain services were limited during the COVID-19 pandemic and have not yet returned, saying there is more need for \u201caccess to the courts.\u201d Some people call for technological changes, like offering live proceedings.<\/p>\n\n\n\n

Supreme Court reform in the U.S.<\/h4>\n\n\n\n

In the U.S., while there are many different suggestions for judicial reform, one common refrain was the need for changes specifically in the Supreme Court. Many of these responses center around term limits for justices<\/strong>. People express concern about the lifetime nature of court appointments and about long-serving justices getting out of touch.<\/p>\n\n\n\n

For example, one woman said, \u201cWe should limit the terms of the Supreme Court justices to 10 years. Some of them are so old and have very conservative views of the world, and their beliefs are no longer in sync with the rest of the U.S. Democracy means options and choices \u2013 so how can we have democracy when we are stuck with the same Supreme Court judges year after year?\u201d Another woman noted, \u201cTerms should be shorter, because if someone does a bad job, it\u2019s hard to get them out.\u201d These sentiments lead to some calling specifically for a mandatory retirement age.<\/p>\n\n\n\n

Still others focus on changing how justices are appointed<\/strong>, including:<\/p>\n\n\n\n

\n
\n

\u201cHaving term limits for Supreme Court justices that are staggered so that each president can choose one justice during his or her four-year term.\u201d <\/p>\n<\/div>\n\n\n\n

\u2013 Woman, 60, U.S.<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cAdd more judges to the Supreme Court.\u201d <\/p>\n<\/div>\n\n\n\n

\u2013 Woman, 54, U.S.<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cThe Supreme Court should have an equal number of judges across parties.\u201d <\/p>\n<\/div>\n\n\n\n

\u2013 Woman, 71, U.S.<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n
\n
\n

\u201cU.S. Supreme Court justice confirmation should not be subject to Senate majority party discretion.\u201d <\/p>\n<\/div>\n\n\n\n

\u2013 Man, 73, U.S.<\/p>\n\n\n\n

<\/div>\n<\/div>\n\n\n\n

And, while a code of ethics for the Supreme Court<\/a> has come out since the survey was fielded, at least one respondent noted a need for that.<\/p>\n\n\n\n

<\/p>\n","protected":false},"excerpt":{"rendered":"

In several of the 24 countries surveyed, rule of law issues and improving public safety rank toward the top half of the changes people say could help improve democracy in their country. And safety \u2013 whether that be reducing crime, supporting law enforcement or other policies \u2013 is particularly salient in some of the middle-income […]<\/p>\n","protected":false},"author":648,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"sub_headline":"","sub_title":"","_crdt_document":"","_prc_public_revisions":[],"bylines":[],"acknowledgements":[],"displayBylines":true,"relatedPosts":[],"reportMaterials":[],"multiSectionReport":[],"package_parts__enabled":false,"package_parts":[],"_prc_fork_parent":0,"_prc_fork_status":"","_prc_active_fork":0,"datacite_doi":"","datacite_doi_citation":"","_prc_seo_qr_attachment_id":0,"spoken_article_player_enabled":true,"footnotes":""},"categories":[60,51,395],"tags":[],"bylines":[738,633,954,849],"collection":[],"datasets":[2393],"level_of_effort":[],"primary_audience":[],"information_type":[],"_post_visibility":[],"formats":[458],"_fund_pool":[],"languages":[],"regions-countries":[504,498,514,497,509,505,512,511,515],"research-teams":[525],"class_list":["post-27824","post","type-post","status-publish","format-standard","hentry","category-democracy","category-election-system-voting-process","category-international-political-values","bylines-christine-huang","bylines-laura-clancy","bylines-laura-silver","bylines-moira-fagan","datasets-spring-2023-survey-data","formats-report","regions-countries-germany","regions-countries-india","regions-countries-international","regions-countries-israel","regions-countries-mexico","regions-countries-multiple-regions-worldwide","regions-countries-north-america","regions-countries-sub-saharan-africa","regions-countries-united-states","research-teams-global"],"label":false,"post_parent":27793,"word_count":2815,"canonical_url":"https:\/\/alpha.pewresearch.org\/pewresearch-org\/global\/2024\/03\/13\/rule-of-law-safety-and-the-judicial-system\/","art_direction":{"A1":{"id":34525,"rawUrl":"https:\/\/alpha.pewresearch.org\/pewresearch-org\/wp-content\/uploads\/sites\/20\/2024\/03\/PG_24.03.13_DemocracyOpenEnds_Feature.png","url":"https:\/\/alpha.pewresearch.org\/pewresearch-org\/wp-content\/uploads\/sites\/20\/2024\/03\/PG_24.03.13_DemocracyOpenEnds_Feature.png?w=564&h=317&crop=1","width":564,"height":317,"caption":"Flags representing various political parties wave along a street in Jakarta, Indonesia, on Jan. 23, 2024, a few weeks ahead of a massive general election. 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