Research group for the Rule of Law

There is currently very little research on what criteria are used when assessing and defining the quality, efficiency and legitimacy of those who use and create the law in rule of law states. The knowledge base required to understand how sectoral improvements and development affects the legal balance of power in rule of law states is weak. It could therefore be easier to ascertain whether or not a state is a rule of law state than to contribute to creating, transforming and steering the development of such a state. This is problematic for closely related reasons.

Europe: The rule of law under pressure
Firstly, in recent years we have witnessed the systematic dismantling of the rule of law in several European states. These are difficult times for the rule of law in Europe. The rule of law is under strong pressure in Hungary and Poland. It has become more important than before to examine the value of constitutional guarantees of the independence of the judiciary. Our own constitution contains few such guarantees. If we are to safeguard the rule of law in our own country in future, we must take steps to facilitate a knowledge-based debate here in Norway.

The EU as a new, transnational rule of law state
Secondly, the EU and the Council of Europe have emerged as a new, transnational rule of law state. Historically, the borders of a rule of law state have usually coincided with the borders of the nation state.  This changed during the latter half of the 20th century. In the period after World War II, and particularly after the Berlin Wall was torn down in 1989, rule of law functions have increasingly been developed and enforced through the Council of Europe’s human rights regime and the EU’s rights regime. Norway has also become part of this growing pan-European rule of law state. As a result, Norwegian administrative, judicial and legislative processes are undergoing change, in both their nature and content. The new transnational rule of law state both supplements and overlaps with the nation state and its rule of law. Research is currently being conducted on different aspects of this development, including from a division of power perspective, but less from a comprehensive and overall rule of law perspective.

Norway as a rule of law exporter
Thirdly, the nature of the rule of law state is also changing beyond Europe’s borders. Even though the debate about the rule of law is taking place in a global arena, the arguments are often of a one-way nature.  In the years after 1989, Norway became a rule of law exporter. By this, we mean that bodies such as the police, courts of law, the Ministry of Justice and administrative agencies have sent emissaries to educate people in other countries in the rule of law. They have also welcomed delegations from other countries that have come to Norway to learn about the rule of law. We have thereby been able to pass on our experience to others. At the same time, however, little use has been made of the same experience as an instrument for further development of the rule of law in Norway. Nor has our experience been used much to create development programmes adapted to different conditions.

Research group with an overall rule of law perspective
One of the key goals of the Research Group for the Rule of Law is to conduct research based on an overall rule of law perspective. The research group will work on issues that cut across the sectors that use and create the  law in a rule of law state: the government administration, the courts of law and the legislature.

The research group's work will be especially relevant in a period when rule of law functions are being developed and enforced at both the national and transnational level, and when important rule of law principles concerning the independence of the judiciary are under threat in Europe.