J 2022

How can empirical measurement help the rule of law flourish?

HORÁK, Filip, David LACKO and Michal URBAN

Basic information

Original name

How can empirical measurement help the rule of law flourish?

Authors

HORÁK, Filip (203 Czech Republic), David LACKO (203 Czech Republic, guarantor, belonging to the institution) and Michal URBAN (203 Czech Republic)

Edition

The Lawyer Quarterly, Prague, Institute of State and Law of the Academy of Sciences of the Czech Republic, 2022, 1805-8396

Other information

Language

English

Type of outcome

Článek v odborném periodiku

Field of Study

50501 Law

Country of publisher

Czech Republic

Confidentiality degree

není předmětem státního či obchodního tajemství

References:

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
Změněno: 13/8/2024 14:47, Mgr. Vojtěch Juřík, Ph.D.

Abstract

V originále

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.