HORÁK, Filip, David LACKO and Michal URBAN. How can empirical measurement help the rule of law flourish? The Lawyer Quarterly. Prague: Institute of State and Law of the Academy of Sciences of the Czech Republic, 2022, vol. 12, No 2, p. 141-158. ISSN 1805-8396.
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Basic information
Original name How can empirical measurement help the rule of law flourish?
Authors HORÁK, Filip, David LACKO and Michal URBAN.
Edition The Lawyer Quarterly, Prague, Institute of State and Law of the Academy of Sciences of the Czech Republic, 2022, 1805-8396.
Other information
Original language English
Type of outcome Article in a journal
Field of Study 50501 Law
Country of publisher Czech Republic
Confidentiality degree is not subject to a state or trade secret
WWW URL
Organization unit Faculty of Arts
Keywords in English Rule of law; Legal consciousness; Legal literacy; Legal knowledge; Legal awareness; Attitudes towards law
Tags International impact, Reviewed
Changed by Changed by: Mgr. David Lacko, Ph.D., učo 427357. Changed: 28/3/2023 19:54.
Abstract
Meeting the principles and satisfying the demands posed by the rule of law is essential for any legal system to function well in society. The article introduces an analytical framework of empirically measurable constructs of legal consciousness and legal literacy consisting of formal and substantive components and shows how they resemble the demands and principles of the rule of law. It further describes, using illustrative examples, how the measurement of individual components can assist the rule of law doctrine. Finally, it suggests specific measures for enhancing the level of the rule of law, namely the incorporation of legal consciousness and legal literacy measurement into the regulatory impact assessment, use of specific and partially empirically-based intelligibility tests in constitutional review, periodic measurement of accordance between the axiological core of the legal system and the moral framework of its addressees and empirically evaluated projects in broad-spectrum legal education.
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