How can empirical measurement help the rule of law flourish?


HORÁK Filip LACKO David URBAN Michal

Year of publication 2022
Type Article in Periodical
Magazine / Source The Lawyer Quarterly
MU Faculty or unit

Faculty of Arts

Keywords Rule of law; Legal consciousness; Legal literacy; Legal knowledge; Legal awareness; Attitudes towards law
Description 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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