The Rule of Law at Home and Abroad

Drake University journalism student and AJS intern Katherine R. Ryan contributed to this article. 

The American Judicature Society and Drake University School of Law sponsored a panel discussion on the rule of law on November 28, 2007, in Des Moines, as part of the 2007-2008 Justice System Series. The event, “Justice at Home and Abroad: the Importance of the Rule of Law,” invited panelists to discuss what the rule of law means, how it impacts immigration, why it matters in a global economy, what we can learn from countries developing justice systems based on our judicial model, and how to promote and safeguard the rule of law at home and abroad.

Seth Andersen, Executive Vice President of AJS, provided opening remarks, after which each panel member gave a presentation concerning an aspect of the rule of law. Following the panelist’s presentations, Judge Larry Eisenhauer of the Iowa Court of Appeals moderated a panel discussion with questions from the audience.

Judge John R. Tunheim of United States District Court for the District of Minnesota and current President of AJS, presented “Developing the Rule of Law in Developing Countries.” Judge Tunheim drew upon his experiences in assisting with the development of a new constitution and judicial system in Kosovo.  He noted that efforts to develop strong legal and judicial systems in new and emerging democracies are most effective when local leaders are invested in the process. There are many challenges to implementing judicial systems based on the American model in countries that have little or no familiarity with fundamental judicial concepts that are taken for granted here, such as an independent judiciary. Judge Tunheim has observed that providing examples based on our own experiences and providing the basic resources necessary for a functioning justice system—such as computers and training for judicial officers—are far more effective tactics than merely dictating how these countries should operate their judicial systems.

H. William Allen, an attorney from Little Rock, Arkansas, and commission member of the ABA’s World Justice Project, spoke about “Multi-Disciplinary Rule of Law Conferences at Home and Abroad: What the ABA is Doing and Why.” Mr. Allen discussed the ABA’s World Justice Project initiatives, which include multi-disciplinary conferences across the country on domestic and international rule of law issues, development of an index to assess the state of the rule of law in all nations, and a World Justice Forum in Vienna, Austria, in July 2008.  Mr. Allen invited participation in a multi-disciplinary conference planned for spring 2008 in Iowa.

Mr. Allen discussed the working definition of the rule of law developed under the ABA's World Justice Project, which is grounded in four universal principles:

1. the government and its officials and agents are accountable under the law;

2. the laws are clear, publicized, stable and fair, and protect fundamental rights, including security of persons and property;

3. the process by which laws are enacted, administered and enforced is accessible, fair, and efficient; and

4. the laws are upheld, and access to justice is provided by competent, independent and ethical law enforcement officials, attorneys or representatives, and judges who are of sufficient number, have adequate resources, and reflect the makeup of the community they serve. 

Panelist Elizabeth “Libby” Nelson, Vice President, General Counsel and Secretary of Kemin Industries, Inc., a Des Moines-based food additives company with world-wide operations, offered “Reliable Legal Systems and Commerce—Inseparable Pathways for Global Business.” Her presentation addressed the vital role of the rule of law in maintaining the flow of commerce and examined how the predictable and fair enforcement of contractual rights and obligations affects the private sector’s ability to thrive in a competitive, market-based global economy. 

Roger A. Nowadzky, City Attorney for Marshalltown, Iowa, and a Public Policy and Business Consultant for Nowadzky International, presented “Importing and Exporting the Rule of Law: Opportunities, Bumps and Unexpected Curves in the Road.”  Mr. Nowadzky focused his presentation on his experiences in the Republic of Moldova in Eastern Europe and formerly a part of the Soviet Union.  During the 1990s many Moldovans visited Iowa to learn about the United States justice system. These emissaries returned to Moldova and advocated for reforms at home. Involvement of the ABA and lawyers and judges from America helped to avert a potentially explosive conflict with Russia and enabled the establishment of a sound legal and judicial system in Moldova.

Lori T. Chesser, Chair of the Davis Brown Law Firm Immigration Department and President of the Iowa Counsel for International Understanding, gave the final panel presentation of the afternoon, “Misconceptions about Rule of Law as a Barrier to Law Change: Lessons from the Immigration Debate.” Ms. Chesser focused on how recent political issues, especially the attempt to address illegal immigration, have highlighted the confusion that many U.S. citizens and legislators have concerning the rule of law. These misconceptions, if not resolved, may hinder the process of law change in the federal government. The rule of law is much more than law enforcement or “law and order.” There are many challenges to upholding the rule of law in the United States, including a lack of will of the people, lack of resources or necessary funding, unfunded mandates, and laws that are inadequate or simply bad policy.  

Following the panelists’ presentations, a lively panel discussion and audience question and answer session ensued. Many audience questions initially were directed to Libby Nelson concerning how international laws and practices affected her family’s business and how the company addressed such concerns. Ms. Nelson commented on encountering the practice of bribes in order to achieve business-related goals and advised never to go down that path because it can be never-ending. She advocated the vital practices of hiring nationals, of paying good wages, and of paying close attention to and honoring local customs and morals. 

One audience member raised the question of operating in countries with religious codes and how that impacts the rule of law. This initiated a discussion differentiating the idea of a “moral code” from the rule of law. In countries with laws based on religious principles that are codified and enforced, there is no per se rule of law problem, although the fact that such laws may be abhorrent to our moral principles can be problematic and it is important to understand the difference. 

Another focus of the discussion was the status and respect of the United States abroad and its resulting ability or inability to promote the rule of law. There was general agreement that outside of the United States, the actions of our government—our debates on torture, Guantanamo, allegations of election fraud in Florida, for example—are being held up to the standards of our justice system, which we seek to export across the globe. American efforts to push for accountable judiciaries and for more expansive human rights are being stymied by a growing foreign impression that the United States is not living up to its own ideals. 

The American Judicature Society/Drake Law School Justice System Series is a special collaborative effort that seeks to promote a broad understanding and appreciation of the justice system through multi-disciplinary learning opportunities for judges, lawyers, professors, students, and the general public free of charge. The Series draws on the resources and faculty of Drake University, particularly the Drake Law School, and on the American Judicature Society’s programming experience and wide-ranging expertise in areas relevant to maintaining and promoting fair and impartial courts and public trust and confidence in the justice system.