Human Rights Beyond the Headlines: What is the “Rule of Law?” Is it a Rule… Is it a Law?
Image by Titiwoot Weerawong via Vecteezy
These days, we've been hearing a lot about the "rule of law." In the headlines, the news, and our social media feeds, questions are being raised about whether the current US presidential administration thinks it is “above the law,” and whether the rule of law still exists. This is not just happening in the US; other countries are also experiencing a decline in the rule of law in other countries, including those with established democracies.
What is the “rule of law?” Is it a rule? Is it a law? Is it both, or neither? And what does it have to do with democracy?
What to Know
(Background information for educators and can be read aloud, shared, or summarized with learners)
What is the rule of law?
The “rule of law” is central to a healthy democracy. In democratic countries, the people have a strong voice in what the laws are because they elect representatives who create the laws, and the President (i.e., the executive branch) is tasked with executing those laws. The “rule of law” is intended to ensure that everyone follows those laws.
According to the American Bar Association (ABA), the "rule of law” is a set of principles, or ideals, for ensuring an orderly and just society." The ABA says that many countries across the globe work to uphold the rule of law, which includes the following principles::
No one is above the law.
Everyone is treated equally under the law.
Everyone is held accountable to the same laws.
There are clear and fair processes for enforcing laws.
There is an independent judiciary (i.e., judges, etc.).
Human rights are guaranteed for all.
Essentially, this means that everyone–including the government, government officials and elected officials–must obey the law, and the laws must be applied fairly and equally to all. Everyone, regardless of position, is subject to and accountable to those laws and the laws must be enforced to everyone in the same way.
Laws are rules that manage behaviors, protect people’s rights, maintain order, and resolve conflicts or disputes. Laws are created by legislative bodies like the national Congress/parliament and state and local legislatures. These bodies are made up of elected officials. There is also Constitutional law, which is based on a country’s Constitution and amendments. Laws cover a wide variety of matters, including:
Traffic laws (e.g., stopping at red lights).
Criminal laws (e.g., crimes like assault, murder, etc.).
US laws and acts (e.g., Civil Rights Law of 1964, which prohibits discrimination).
Constitutional law (e.g., due process, which means people must have a chance to defend themselves in a fair hearing).
The rule of law is about fairness and applying the law equally and consistently to every person, regardless of status, identity, or power.
When is the rule of law weakened or at risk?
The World Justice Project (WJP) uses key factors to measure the rule of law around the world. They define the rule of law as
“a durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice.”
WJP says that the rule of law
“is the foundation for communities of justice, opportunity, and peace—underpinning development, accountable government, and respect for fundamental rights. Research shows that stronger rule of law correlates to higher economic productivity, greater peace, more education, and improved health outcomes.”
The WJP’s eight key rule of law index factors are:
Constraints on government powers: Are those who govern (elected officials) bound by the law?
Absence of corruption: Do government officials avoid engaging in bribery, improper influence of public and private interests, and misappropriating (i.e., taking or stealing) public funds?
Open government: Does the government share information, empower people to hold the government accountable, and support citizen participation?
Fundamental rights: Does the government respect core human rights established under international law (i.e., the International Covenant on Civil and Political Rights)?
Order and security: Does society ensure that people and property are secure?
Regulatory enforcement: Are regulations fairly and effectively implemented and enforced?
Civil justice: Can ordinary people settle their conflicts and grievances peacefully and effectively through the civil justice system?
Criminal justice: Does society redress (i.e., correct/remedy) grievances and bring action against people for offenses against society?
When any of these factors are diminished or weakened, then the rule of law is at risk. When the rule of law is at risk, so is democracy because the rule of law and democracy are intertwined.
The rule of law across the globe
The WJP provides original, independent data on the rule of law and how it is experienced in everyday life in countries across the world. In their 2025 study, for the eighth year in a row, the rule of law declined globally. In 2025, 68% of the 143 countries they studied saw rule of law declines. Although there’s a trend of weakening rule of law across the globe, there are some countries where the rule of law has improved, including the Dominican Republic, Senegal, Bangladesh, and others.
Brazil provides an interesting case study. Jair Bolsonaro served as the 38th President of Brazil from 2019 to 2023. During his tenure, Bolsonaro was accused of undermining the rule of law by attacking the judiciary and election systems–specifically attacking Supreme Court justices, and expressing support for a return to military rule. Most notably, Bolsonaro, after losing the 2022 election, engaged in a conspiracy to violently overthrow the government and engage in an insurrection where his supporters stormed government buildings in Brasilia, Brazil’s capital. Brazil, in a strong effort to hold Bolsonaro accountable, banned him from running for any public office until 2030. In September 2025, Bolsonaro was tried and convicted of plotting a coup (overthrow of the government). He was sentenced to more than twenty-seven years in prison. Many view these important steps as a sign of Brazil’s democratic resilience. In 2024, the WJP’s index indicated that for the first time in eight years, the rule of law in Brazil was strengthened and the country moved up three places on the overall index of countries.
It is interesting to contrast Brazil’s insurrection and its consequences with those of the US, upon whose insurrection Bolsonaro’s was based. On January 6, 2021, a mob of insurrectionists violently attacked the US Capitol, attempting to overturn the certification of Joe Biden’s win in the 2020 presidential election. More than 1500 arrests were made, with many people serving time in prison. While Donald Trump was indicted (formally charged with a crime) on felony charges for working to overturn the election, his case never went to trial and was dismissed due to his re-election in 2024; the Department of Justice has a policy against prosecuting a sitting president. Further, when Trump was inaugurated as president on January 20, 2025, on his first day in office he granted blanket clemency to all the people convicted of or awaiting trial or sentencing.
According to the WJP index, the rule of law in the US has been steadily declining since 2016, except for a slight increase in 2022. Some of the factors that have weakened the rule of law in the US are constraints on government powers, fundamental rights, civil justice, and criminal justice. Specific examples of this erosion include:
Efforts to overturn the 2020 Presidential election
State and local election officials reporting threats and harassment
Trump administration officials defying court orders and vilifying judges who rule against the government
Public officials’ demands that the Department of Justice prosecute political opponents or “enemies” without sufficient evidence
Why It Matters
The rule of law is a critical part of democracy. Without the rule of law, democratic societies could fall into instability, chaos, violence, and a deterioration of human rights. Without the rule of law, governments become above the law, which can lead to corruption and arbitrary enforcement of laws, leaving marginalized communities most vulnerable. In addition, free and fair elections, the heart of democracy, will be compromised and weakened, which could result in voters no longer electing their representatives.
What You Can Do Right Now
(Ideas for learners to take action)
When you learn about situations of the rule of law being weakened (whether large or small), reach out to your local, state, and national elected officials to let them know your thoughts and to seek accountability. If you are in the US, you can search by your address to find your national representatives.
You can also reach out to your elected officials about laws that you support and laws that you feel need to be changed or updated.
Learn more about the rule of law by organizing a forum at school to learn. Engage with others by sharing information, asking questions, and seeking to learn about different perspectives.
Participate in government and in the making of rules and laws. Get involved in student government or your local school or community government by attending meetings, learning about the rules, ordinances, and laws, and considering whether there are improvements to be made in those laws. Run for office.
Become more informed by learning about the laws and rights in your school, community, state, or country so that you can be in a better position to defend them.
Conversation Starters and Sparkers
To engage learners in a discussion, use non-judgmental and open-ended questions. Non-judgmental questions are curious questions that seek to understand a person, perspective, or situation without making assumptions or judgments. Open-ended questions are broad questions that can’t be answered in one word or with a simple “yes” or no,” but instead are questions that lead to detailed responses that uncover a person’s opinions or feelings and keep the conversation flowing.
Ask any of the following questions or create your own questions:
What did you learn about the rule of law that you didn’t know before?
How would you describe the rule of law in your own words?
How does the rule of law relate to your life as a learner or community member?
Is the rule of law important? How so?
What does the rule of law have to do with democracy?
What happens when we don’t follow the rules or laws? What happens when rules and laws aren’t applied to everyone equally?
What is your sense or impression of the rule of law in your country? What makes you say that? Please explain.
How can we fight for the rule of law? What can ordinary people do?
What are some small steps you can take to defend the rule of law?
Resources for Further Learning
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How the Rule of Law Makes Democracy Work | Facing History and Ourselves
What is the Rule of Law? A Civics Explainer (video) | GBH Education
What is the Rule of Law? | American Bar Association
What is the Rule of Law? | World Justice Project
Woven Teaching believes that human rights education is essential for students and adult learners to understand and assert their own rights and to protect the rights of others. As a result, the Universal Declaration of Human Rights (UDHR) lies at the core of Woven Teaching’s materials. The document’s 30 articles outline fundamental human rights: basic rights and freedoms which every human being is entitled to, regardless of race, religion, birthplace, gender, sexual orientation, or other characteristics. Although its articles are not legally binding, the UDHR serves as a moral compass for the international community. The concepts in this resource connect directly to several UDHR articles, including:
Article 7: Right to have the laws applied the same way for everyone.
Article 8: Right to seek justice and a remedy if your rights are not respected.
Article 10: Right to a fair and public trial.
Article 11: Right to be presumed innocent until proven guilty.