Introduction
As the American Bar Association Rule of Law Initiative (ABA ROLI) celebrates its 25th anniversary in 2015, we refl ect on change—in the world and in our work. While the end of the Cold War brought exciting new opportunities for democratization and rule of law reform across swaths of the globe, the early euphoria quickly gave way to an appreciation of the difficulties posed by such transitions and of new challenges such as ethnic strife, religious extremism and the complexity of a globalized, multipolar world.
It is against this backdrop that the rule of law development field has evolved. Early on, colleagues primarily rewrote constitutions and drafted laws to create rule of law frameworks. These eff orts were followed by a focus on building the capacity of those institutions that deliver justice—judiciaries, ministries, prosecutorial services and bar associations. A third wave of programs complemented these top-down initiatives with bottom-up approaches that foster public demand for justice through law school clinics, civic education campaigns and civil society capacity building.
Experience has shown that none of these strategies alone is sufficient, and that sequencing and political will matter as we engage in the long-term and stutter-step process of building an enduring and strong rule of law. Nothing highlights this better than this year’s other legal landmark—the 800th anniversary of the sealing of Magna Carta, a rule of law promise that we still struggle to realize fully today.
Yet the progress over the last quarter-century has been incredible. Dozens of countries have experienced democratic transitions, albeit sometimes too haltingly. There has been a dramatic expansion of the international law that undergirds the rule of law. New conventions and institutions enforce everything from human rights to trade rules and anti-corruption norms and now serve as a major driver of change on the ground. And, while gaps remain, major strides in the rule of law have helped to globalize economic activity and fuel rapid growth in large parts of the developing world.