research topics on rule of law

Rule of law continues five-year decline, but bright spots emerge

Subscribe to this week in foreign policy, ted piccone ted piccone nonresident senior fellow - foreign policy , strobe talbott center for security, strategy, and technology.

October 31, 2022

The world is slowly recovering from the COVID-19 pandemic. But the blow it struck to the rule of law remains persistent and widespread, according to fresh survey data collected in 140 countries. While declines in performance were not as extreme as in 2021, this year’s findings from the World Justice Project’s Rule of Law Index underscore the alarming drops in nearly every rule of law factor measured, especially in fundamental rights and checks and balances, which are two critical pillars of the rule of law.

Overall, these trends toward authoritarianism and away from rules-based liberal democracy portend dark trouble ahead. As big-power geopolitical competition continues to heat up, the differences in how states govern themselves will have outsized influence in shaping solutions to some of our most intractable problems – digital disruption and disinformation, corruption and illicit trafficking, and outright war. Russia’s illegal invasion of Ukraine, and its sophisticated disinformation tactics, shows just how dangerous this divergence has become.

Global trends – negative, with some exceptions

Around the world, the rule of law, as measured by eight factors – ranging from constraints on government power and open government, to fair justice systems and order and security – has entered its fifth straight year of recession. These negative trends, based on surveys in which over 157,000 legal experts and households report their experiences and perceptions of rule of law practices in their respective countries, have been driven mainly by growing authoritarian tendencies, such as weaker checks and balances, rising impunity, and an erosion of fundamental rights.

Freedoms of expression and association, the lifeblood of democratic decision-making, have been particularly hard hit, with declines in over 80% of countries surveyed since 2015. The transfer of political power in accordance with the law, which includes perceptions of the legality, integrity, and public scrutiny of electoral processes, also fell in two-thirds of surveyed countries during this time period. The intensifying competition for securing control of government is getting nastier by the year, with media, minorities, and dissidents in the crosshairs. Where power is unfairly or violently seized, as in Sudan, Haiti, and Myanmar, the rule of law is badly damaged and civil conflict worsens; where elections are open and peaceful, the rule of law rebounds, as in Honduras and, slowly and with some difficulty, the United States .

Europe, and its neighbors, continue to improve

The big exception to these negative global trends is Europe, where nine of this year’s top ten rule of law performers can be found. Historically a strong performer, the region also continues to improve at higher rates than anywhere else, with over one-half of the index’s top 25 improvers globally since 2015. The construction of a Europe “whole and free” continues apace, built on a foundation of rule of law, human rights, and democracy, with notably strong scores on judicial integrity, open government, and fair regulatory enforcement. Newer European Union (EU) members like Estonia and Lithuania are making consistent gains; Romania and Bulgaria, though still lagging, also bumped up this year. And EU accession candidates Moldova and Kosovo were among 2022’s top five improvers globally, adding some wind in their sails for EU membership, which requires strict adherence to rule of law norms.

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Despite bouncing back better than other regions from the rule of law backsliding induced by the pandemic, Europe is still suffering important long-term declines in such areas as discrimination, freedom of assembly, and lawful transitions of power. Notorious cases like Poland and Hungary, where rule of law scores have fallen around ten percent since 2015, validate why EU authorities are finally drawing the line. Brussels is enforcing its members’ own treaty obligations to demand course corrections or pay a hefty penalty, as Hungarian Prime Minister Victor Orbán faces now .  EU neighbors Turkey, Georgia, and Bosnia also exhibit significant multi-year declines.

The steady improvement in rule of law practices experienced in most of Europe is now reaching more states on its eastern flank. This includes several next-door neighbors of a revanchist Russia and its cousin Belarus, two states that rank among the biggest decliners since 2015. Reform-minded regimes in Uzbekistan, Kazakhstan, and Ukraine, for example, are among the top ten improvers globally in their rule of law performance since 2015; meanwhile Russia and Belarus continue to fall in the opposite direction. Not surprisingly, Ukraine’s score fell in 2022 after Russian President Vladimir Putin’s military invaded the country, but over time it has demonstrated some improvements in fundamental rights, order and security, and regulatory enforcement. Its ability to turn back Russian forces and return to the path of democratization, especially the fight against entrenched corruption, will determine its chances of joining the EU anytime soon.

China and India – a race to the bottom?

Two other rising powers with very different governing systems nonetheless share some worrying traits when it comes to rule of law. China, which the index ranked 95 out of 140 states, and India, at 77, are virtually tied in their respective declines in rule of law scores since 2015, by -1.6% and -1.7% respectively. Chinese President Xi Jinping’s successful consolidation of China’s Communist Party leadership this month, now with even fewer checks on his power, portends even weaker rule of law adherence in the future. Beijing’s strong-arm crackdown against peaceful protesters and the media in Hong Kong, which has fallen five years in a row on its rule of law score, is further evidence of a China that is closing ranks against any internal challenges to its one-party rule. This likely increases the chances of more aggressive behavior against its perceived rivals, as well as a democratizing Taiwan.

Meanwhile India, the world’s largest democracy, once had an encouraging trajectory toward more open government and robust public debate, but no more. Since Indian Prime Minister Narendra Modi consolidated his power at the helm, India’s rule of law performance has declined markedly in criminal justice (-17.7%), fundamental rights (-12.8%), and checks and balances (-6.3%). Falling scores on the integrity of police and military officials, freedoms of religion and expression (particularly targeted against Muslim minorities and around disputed claims in Kashmir), and non-discrimination drove the erosion, despite some improvements in administrative due process, accessibility of civil justice, and legislative branch corruption. But because it is increasingly aligned with its Indo-Pacific partners as a security check against China’s ambitions, New Delhi largely has gotten a pass on these alarming trends.

The United States slowly rebalances after Trump

Once a self-proclaimed champion on rule of law around the world, the United States fell five years in a row under former U.S. President Donald Trump’s presidency. In 2022 it recovered its footing, increasing in all eight factors measured by the index. Compared to 2015, however, it still is underwater on such key pillars as checks and balances, accountability for official misconduct, and lawful transitions of power. Its abysmally low global ranking on discrimination in both the civil and criminal justice systems (121 and 106, respectively) is embarrassing. To his credit, U.S. President Joe Biden has tried to thread the needle to restore some of Washington’s credibility as a leading democracy, at home and abroad, as demonstrated by his robust defense of Ukraine, his new national security strategy focused on the threat of a menacing and anti-democratic China, and his Summit for Democracy initiative. But much more work needs to be done by all concerned to put the United States on a better course for the future.

Washington must also contend with a deteriorating security and rule of law situation on its southern border: Venezuela, Nicaragua, and Haiti figure in the bottom ten countries for rule of law globally, generating millions of migrants to the United States and the region. Brazil, mostly under Brazilian President Jair Bolsonaro’s watch, has declined five years in a row. And countries like Bolivia, El Salvador, Mexico, and Colombia remain declining performers in key governance areas such as control of corruption, criminal justice, and order and security.

In sum, global trends toward and away from rules-based and rights-respecting governance are increasingly matching up with the fault lines of intensifying geopolitical competition around the globe. The multipolar world at our doorstep is not only messy, volatile, and insecure; it also raises existential questions of how power is shared and human dignity is protected. To prevent the next big titanic clash, the United States, Europe, and its other like-minded allies will need smart strategies both to shore up their own performance as open and just societies and to defend vigorously those values abroad.

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• Introduction

Institutions and legal culture

• Challenges to the rule of law

rule of law

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rule of law , the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law , secures a nonarbitrary form of government , and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism , authoritarianism , and totalitarianism . Despotic governments include even highly institutionalized forms of rule in which the entity at the apex of the power structure (such as a king , a junta , or a party committee) is capable of acting without the constraint of law when it wishes to do so.

Ideas about the rule of law have been central to political and legal thought since at least the 4th century bce , when Aristotle distinguished “the rule of law” from “that of any individual.” In the 18th century the French political philosopher Montesquieu elaborated a doctrine of the rule of law that contrasted the legitimate authority of monarchs with the caprice of despots . It has since profoundly influenced Western liberal thought.

In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one—including the most highly placed official—is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no “legal” person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law.

Not only does the rule of law entail such basic requirements about how the law should be enacted in society, it also implies certain qualities about the characteristics and content of the laws themselves. In particular, laws should be open and clear, general in form, universal in application, and knowable to all. Moreover, legal requirements must be such that people are able to be guided by them; they must not place undue cognitive or behavioral demands on people to follow. Thus, the law should be relatively stable and comprise determinate requirements that people can consult before acting, and legal obligations should not be retroactively established. Furthermore, the law should remain internally consistent and, failing that, should provide for legal ways to resolve contradictions that can be expected to arise.

Despite those basic features, however, there has never been a generally accepted or even systematic formulation of the rule of law (but not for lack of attempts by jurists and political philosophers). The idea that the law should contribute to beneficial ways of channeling and constraining the exercise of public power can be interpreted in different ways; such differences are especially apparent over time and across different polities.

For such reasons, the rule of law is best seen not as a blueprint for institutional design but as a value, or cluster of values, that might inform such a design and that can therefore be pursued in a variety of ways. Nonetheless, several rather simple and generalizable institutional insights follow from the idea that those who judge the legality of exercises of power should not be the same as those who exercise it. For instance, a typical rule-of-law state will institutionalize some means of shielding legal officials from interference, political or otherwise, that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is commonly thought to be an important feature of rule-of-law states. Other measures to ensure fair access to legal institutions may also be important for rule-of-law regimes . In addition, a binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.

While certain institutional traditions and conventions, as well as written laws, may be important to ensure that judicial decisions are grounded within plausible interpretations of existing laws, no single institutional character of a state should be seen as necessary or sufficient to the rule-of-law ideal. The rule of law is tied neither to any one national experience nor to any set of institutions in particular, although it may be better served in certain countries and by some institutions. Moreover, the institutional arrangements that ensure the rule of law in one polity might not be easily duplicated in or transplanted to another. Different polities embody their own judgments about how to implement specific rule-of-law ideals given their particular legal and cultural traditions, which naturally influence the character of their institutions. Nonetheless, the initial sociological condition for the rule of law is shared across cultures: for the rule of law to be more than an empty principle, most people in a society, including those whose profession it is to administer the law, must believe that no individual or group should be above the law.

Rule of Law Program

Rule of Law Program activities now take place under the auspices of the Neukom Center for the Rule of Law. In its new home, the program looks ahead to even greater impact in theory and practice.

Learn More about the Neukom Center

Beginning in 1999, the Rule of Law Program at Stanford Law School provided students and researchers with unparalleled opportunities to confront some of the world’s most complex challenges, primarily in developing countries. Through courses, fieldwork, and experiential learning, the program in its prior form contributed to the furtherance of accountable governments and institutions, while also advancing theory and scholarship in this critical area of study.

Historically, a cornerstone of the program was the opportunity for students to research and work on on-the-ground projects in Asia, the Middle East and Africa.

These included the Iraq Legal Education Initiative, the Rwanda Legal Development Project, and the Cambodia Law and Policy Initiative. The long-running Afghanistan Legal Education Project (ALEP) continues today, in the face of Taliban rule, and is taking a new direction in order to further educational opportunities, especially for women in Afghanistan.

The Rule of Non-Law Project was another component of the Rule of Law Program, focusing on the political economy of how and when legal institutions become strong and credible. This work also flows into the new Neukom Center, where rule of non-law is a core area of focus.

Neukom Center for the Rule of Law

Building on two decades of work, the new incarnation of the program will continue to develop a robust curriculum to meet the challenges of a world where the rule of law is increasingly under threat.

• Erik G. Jensen
• Director of the Rule of Law Program
• Lecturer in Law

Dinsha Mistree

• Affiliate, Neukom Center for the Rule of Law
• Hoover Institution Research Fellow

Previous Initiatives

The Program ran projects around the world, most recently in Afghanistan, Bhutan, Cambodia, Timor Leste, Iraqi Kurdistan, and Rwanda. These projects provided Stanford JDs and LLMs the opportunity to work on legal education and policy initiatives. In addition, we supported and encouraged research related to the rule of law across the developing world.

Research and Scholarship

Through courses and directed research, students had the opportunity to conduct research and develop scholarship on rule of law issues with Stanford Law School faculty. Past projects have explored topics ranging from commercial arbitration in Iraqi Kurdistan, to legal pedagogy development and transmission in Afghanistan, to a critical assessment of legal identity. The Rule of Non-Law Project examined the use of various workarounds to the formal legal system by economic actors in developing countries.

Field Study

During Spring Break 2019 students and faculty went to Delhi, India and conducted conversations with lawyers, politicians, scholars, leaders in civil society, and senior bureaucrats who are active in addressing poverty and improving governance. Students also met frontline government officials (i.e., cops and government teachers) who shared their own perspectives about the problem.

Legal Education

The Rule of Law Program provided curriculum support and technical assistance to legal education institutions in developing countries:

• Curriculum and Program Development with American University of Afghanistan
• Curriculum Development with American University of Iraq Sulaimani
• Curriculum Development with the English Language Based Bachelor of Law Program in Cambodia
• Curriculum Development with National University of Timor-Leste
• Curriculum Development with Royal Training Institute of Bhutan

The project also provided comparative law and policy analysis at the request of government entities in developing economies:

• Policy Development with the Rwanda Law Reform Commission
• Policy Development with the Ministry of Trade and Industry in Rwanda

Afghanistan Legal Education Project

The Rule of Law Program’s longest-standing initiative is the Afghanistan Legal Education Project (ALEP). ALEP is a collaboration with the American University of Afghanistan to provide high quality teaching and curriculum to Afghan law students.

The Rule of Non-Law Project

The Rule of Non-Law Project examines the use of various workarounds to the formal legal system by economic actors in developing countries. It considers the conditions under which certain actors are able to take advantage of less-efficient markets in ways that lead to stronger growth and less poverty.

Past Projects

Beginning in 2015, the Rule of Law Program oversaw a now-final project in Cambodia, in partnership with the NGO Destination Justice, to produce an annotated Constitution. From 2009 to 2013, we developed a legal curriculum with National University of Timor-Leste (formerly known as East Timor) and the Royal Training Institute of Bhutan. Several of our other projects, including a legal education initiative in Iraq and a law development project in Rwanda, are ongoing and the project maintains institutional ties with our partners.

Iraq Legal Education Initiative

Rwanda Legal Development Project

Publications

Attorney-client privilege shouldn’t help oligarchs evade russia sanctions.

• Erik G. Jensen ,
• Bryce Tuttle

Regulating the Lawyer-Enablers of Russia’s War on Ukraine

• Kyrylo Korol ,
• Sarah Manney ,

Is Taliban 2.0 Closing the Gates to Ijtihad Again?

• Kazumi Hoshino-Macdonald

The Judiciary and the Rule of Law in Afghanistan

Legal curriculum development in iraq: stanford’s iraq legal education initiative.

Seven Myths about Afghanistan

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The field of Law and Development is an emerging scholarship area advocated by the likes of Prof. David Trubek that holds that when you fix Law and rule of Law the economy of a Country comes into place, but critics such as Prof. Erik Jensen from Stanford University has counter…

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The Elusive Quest For Rule Of Law: Building It And Backsliding From It

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• Rule of law

The rule of law: what does it really mean?

The rule of law is at the heart of what it means to be a lawyer.

Stephanie’s speech addressed different understandings of the rule of law, and the perception that it can clash with how political institutions operate.

Read Stephanie’s speech about the rule of law

Public perception of the rule of law: fair play

I. Stephanie Boyce discussed findings from the research we commissioned into the public’s understanding of the rule of law.

In our research, we wanted to understand what members of the public thought of the rule of law, and the justice system more generally.

We found that what matters to the public is that the law applies equally to everyone, and that we all follow the rules. They were also against anything that might tilt these rules in favour of one person or group.

Stephanie argued therefore that the public’s understanding of the rule of law is based on one fundamental principle: fair play.

The British people’s focus on respecting the rules of the game and their commitment to fair play ensures an appropriate balance of political and legal authority: parliament makes the law, and the judiciary sees to it that it is applied equally to all.

Tension between the legal and political?

Some believe that political and legal institutions are increasingly in conflict in a way that is damaging to the UK.

Drawing on findings from our research, Stephanie argued that the two systems work together to ensure that fundamental British freedoms are upheld without threatening the principle of parliamentary supremacy.

Although there can be tension, in many ways our unique legal system works alongside our political system to avoid the standoffs that can occur in other sophisticated legal systems across the world.

This coexistence allows the British system to work without the need for higher law, written constitutions or a judiciary that can strike down legislation.

Judicial review and the Human Rights Act

Finally, the president uses this understanding of the rule of law to explain the importance of:

• ensuring judicial review retains its teeth, and
• maintaining key rights protections in the Human Rights Act, in light of government reform proposals

Find out more about our views on the proposed judicial review reforms

Read about the proposed Human Rights Act reforms and what this means for solicitors

Read Stephanie's speech

'Rule of law’ or ‘rules of the law’? Public perceptions of the law and what it means for those who uphold it

Maximise your Law Society membership with My LS

• Human rights

School of Law

LAW - Rule of Law Institute

Rule of law institute.

The rule of law underlies all political, economic, and social goods. It ensures equal access and responsibility to the law, accountability, due process, and transparency. To overcome today’s global challenges – violence, infringement of human rights, environmental destruction, economic inequality, injustice, poverty, and hunger – the rule of law is essential.

This Institute is established within Loyola as a center for the advancement of the rule of law. We seek to develop ground-breaking research, produce new solutions, and prompt real change that will empower individual lives, assist economic development, and advance legal standing.

By identifying expertise and commitment within the Loyola community, as well other domestic and international actors, we hope to produce knowledge and processes that can be shared and leveraged for change. The Institute also seeks to find external partners who can contribute to such research and research opportunities, serve as change partners, and expand the national and global reach of the institute and its mission.

Juliet S. Sorensen

Clinical Professor of Law; Director, Rule of Law Institute and Program in Rule of Law for Development

Centers and Initiatives

The Institute is an inter-disciplinary entity. It is composed of three centers and an academic arm that researches, analyzes, and produces new knowledge about rule of law issues, develops solutions for those problems, and implements those solutions to the betterment of society.

Rule of Law for Development Program (PROLAW)

The mission of PROLAW is to equip legal and development professionals with the knowledge and practical skills needed to inspire, lead and manage national efforts to strengthen the laws and institutions required to achieve the Sustainable Development Goals by 2030. It is the degree-granting arm of the Institute.

The Faculty and Scholar Directory

The Institute is just beginning our work, but we have already achieved significant results at the local, state, and federal levels. We invite you to join the conversation and become part of the faculty and scholar directory to stay updated on all of the institutes work.

Save the date

Global Conference on Rule of Law and Migration Rome, Italy April 11-12, 2025

In The News

Strengthening the Rule of Law

Loyola PROLAW grads in Ukraine work to make real change

Friday, April 28, 2023

Annual rule of law institute symposium.

Friday, April 28, 2023 | 9:00 a.m. - 3 p.m. | Corboy Law Center, Room 1101

This year’s Rule of Law Institute Symposium features presentations by Loyola faculty and graduate students on a wide range of topics, including how enslaved persons used colonial courts to secure their freedom, the status of LGBTQ rights in South Korea, and the role of climate laws in advancing environmental justice around the globe.

Rule of Law in the Governance of New Frontiers of the Marine Environment

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Original Research 02 June 2023 Problems identification and improvement path of China’s marine ecological compensation legal system Tao Wang 2,295 views 1 citations

Original Research 17 April 2023 Occupational noise exposure at sea: A socio-legal study on fish harvesters’ perceptions in Newfoundland and Labrador, Canada Om Prakash Yadav ,  2 more  and  Lorenzo Moro 2,556 views 4 citations

Policy and Practice Reviews 17 April 2023 Application issues of compulsory conciliation in the settlement of fishery disputes in the Yellow Sea Xiaolin Pan 1,524 views 0 citations

Original Research 24 March 2023 The development of ocean governance for marine environment protection: Current legal system in Taiwan Yi-Che Shih ,  2 more  and  Chih-wei Chang 4,644 views 0 citations

Policy and Practice Reviews 23 March 2023 Advancing the robustness of risk regulation for offshore drilling operations in China Yuan Yang 1,702 views 0 citations

Policy and Practice Reviews 17 March 2023 Framework and rethink of the Environmental Compensation Fund for the international seabed area Jiang Zhou  and  Lun Xiang 1,899 views 1 citations

Policy and Practice Reviews 13 March 2023 China’s shipping market supervision system under theRCEP: Influence, challenges and countermeasures Yuanhong Shi 3,410 views 1 citations

Policy and Practice Reviews 02 March 2023 Reflections on the Nicaragua v. Colombia case (2022): From the perspective of traditional fishing rights Jingyao Wang  and  Qi Xu 5,546 views 0 citations

Original Research 21 February 2023 Fishery legislative reform towards Japan’s Fukushima nuclear wastewater discharge into the sea—A Chinese perspective Meng Li 6,505 views 2 citations

Loading... Original Research 30 January 2023 Analysis of international shipping emissions reduction policy and China’s participation Huirong Liu ,  1 more  and  Xiaohan Li 7,127 views 6 citations

Loading... Original Research 24 January 2023 The path of transboundary marine plastic waste management in China, Japan, and South Korea from the perspective of the blue economy Huijuan Hao  and  Chenfan Jiang 20,618 views 2 citations

Policy and Practice Reviews 18 January 2023 International practice analysis of the negative list: Chinese Example of shipping market access Yuanhong Shi 4,764 views 0 citations

Loading... Original Research 17 January 2023 A sustainable shipping management framework in the marine environment: Institutional pressure, eco-design, and cross-functional perspectives Lu Wang ,  3 more  and  Mingjie Fang 4,385 views 9 citations

Loading... Original Research 12 January 2023 Overlapping and fragmentation in the protection and conservation of the marine environment in areas beyond national jurisdiction Giovanni Ardito ,  1 more  and  Marzia Rovere 6,503 views 5 citations

Loading... Policy and Practice Reviews 11 January 2023 United Nations Decade of Ocean Science for Sustainable Development (2021-2030): From innovation of ocean science to science-based ocean governance Song Guan ,  1 more  and  Fangli Qiao 3,690 views 9 citations

Original Research 11 January 2023 The path to the construction of a domestic and international dual cycle of China’s shipping industry Xingguo Cao ,  1 more  and  Yen-Chiang Chang 2,873 views 0 citations

Policy and Practice Reviews 09 January 2023 Legal advice on the Chinese compensatory fund system for oil pollution damage caused by ships from the perspective of marine environmental governance Ben-Chao Fu  and  He-Ran Li 2,519 views 1 citations

Policy and Practice Reviews 06 January 2023 China’s choice on the participation in establishing marine protected areas in areas beyond national jurisdiction Minyou Yu  and  Yuwen Huang 2,893 views 1 citations

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What Can Improve Democracy?

6. rule of law, safety and the judicial system, table of contents.

• How politicians can improve
• Calls for systemic reform
• For many respondents, fixing democracy begins with the people
• It's difficult to please everyone
• Economic reform and basic needs
• No changes and no solutions – or at least no democratic ones
• Road map for this research project
• Politicians
• Changing leadership
• Political parties
• Government reform
• Special interests
• Media reform
• Economic reform
• Policies and legislation
• Citizen behavior
• Individual rights and equality
• Electoral reform
• Direct democracy
• Rule of law
• Ensuring safety
• The judicial system
• Codebook development
• Coding responses
• Collapsing codes for analysis
• Characteristics of the responses
• Selection of quotes
• About Pew Research Center’s Spring 2023 Global Attitudes Survey
• The American Trends Panel survey methodology
• Appendix C: Codebook
• Appendix D: Political categorization
• Classifying parties as populist
• Classifying parties as left, right or center
• Acknowledgments

In several of the 24 countries surveyed, rule of law issues and improving public safety rank toward the top half of the changes people say could help improve democracy in their country. And safety – whether that be reducing crime, supporting law enforcement or other policies – is particularly salient in some of the middle-income countries included in the survey (Argentina, Brazil, India, Indonesia, Kenya, Mexico, Nigeria and South Africa).

In most places, though, relatively few people think that it’s important to reform the justice system itself. Israel is the notable exception, where judicial system reform was the top focus for improving democracy. At the time of the survey in Israel, waves of protests in response to proposed judicial reforms were sweeping the country, and respondents were particularly focused on how implementing those reforms – or blocking them – would improve Israel’s democracy. (The survey preceded the Oct. 7 Hamas attacks and the January Supreme Court ruling that struck down the reforms.)

In Greece, Poland and Kenya, issues related to the rule of law rank toward the top among the changes people think would help improve democracy in their country. Elsewhere, the issue typically hovers in the top 10 of the 17 substantive topics coded, but it doesn’t make the top five.

Rule of law concerns run the gamut, from people calling for politicians to “follow the law” and “follow the Constitution” to specific changes related to enforcing existing laws – or doing so more equitably.

In some countries, older people are more likely to mention the topic than younger ones. For example, 7% of South Africans ages 40 and older mention rule of law issues, compared with 2% of adults under 40. Men are also somewhat more likely than women to mention the topic in some places surveyed.

“Leaders should execute their duties and their mandate well, according to the Constitution.” Woman, 26, Kenya

In the U.S., conservatives (7%) are slightly more likely than liberals (4%) or moderates (3%) to mention the rule of law. The same is true in South Korea.

But, in Poland, those on the left are significantly more likely to mention the rule of law as a means to improve democracy. And those who have a unfavorable view of the right-wing populist party Law and Justice (PiS ), which was governing at the time the survey was conducted , are substantially more likely to mention rule of law than those who view PiS favorably (10% vs. 1%). (For more information on how we classify populist parties, refer to Appendix E .)

Follow and enforce existing laws

Respondents who emphasize rule of law often issue simple declarations about the need to “follow the Constitution” or “respect the Constitution.” At times, they include specific invocations of the U.S. Founding Fathers or Indonesia’s Pancasila (the five-principle state philosophy set forth at Indonesia’s founding). Other times, they indicate that current lawmakers are not following the Constitution, as in the case of one woman in Poland who said, “Democracy is misunderstood in Poland. The Constitution is violated, and politicians don’t care what people think.” And sometimes, the emphasis is simply on respecting the existing founding documents of the country. As one woman in Spain said: “I don’t think anything else is needed to fix democracy except compliance with the Constitution.”

“In my opinion, to improve democracy in Italy, it would be enough to respect the existing laws and respect the people.” Woman, 71, Italy

Beyond their country’s constitution, people call for the following of existing laws – essentially, “better enforcement of laws” already on the books. In Brazil, for example, one woman complained, “The laws that are created are often not enforced.” In Germany, a woman said, “The laws that we have should be more closely observed. That would change a lot.”

People also highlight the importance of equitably applying the law to all people in the country. One Indian man mentioned the importance of justice across social classes: “The legal system should not differentiate between the rich and the poor.” In Greece, some emphasized enforcing laws to prevent “favoritism” and allow “meritocracy.” (For more on issues of individual rights and equality, read Chapter 4 .)

“Our democracy is a sham democracy. It protects those in power, and it is nonexistent for the powerless. If the law is not equal for everyone, democracy is gone.” Man, 72, Italy

Applying laws to politicians – including prosecuting them, when needed

Anger about poor enforcement of the rule of law sometimes centers on politicians . One South African woman said democracy would improve if “we make sure we stick to the laws, irrespective of who breaks them. To create trust in this country, we need to get rid of corrupt officials.” Respondents also mention prosecuting corrupt politicians :

“Punish all the political governors who are thieves, removing them from office.”

– Man, 71, Mexico

“Immunity of representatives should be abolished.”

– Man, 37, Germany

“That accused officials can go to jail. Investigate them to see if they are honest and dedicated to the people.”

– Woman, 28, Argentina

“Taking [former prime minister] Raila Odinga to the International Criminal Court!”

– Man, 30, Kenya

Relatedly, people emphasize the need to prevent convicted or corrupt officials from continuing to hold office:

“End corruption, and elected officials must resign if they are indicted.”

– Woman, 56, France

“Members of the National Assembly should be disqualified if they are corrupt.”

– Man, 58, South Korea

“The leaders who have criminal cases against them should not have the right to contest elections.”

– Man, 19, India

“Politicians once convicted of a criminal offense or a crime of moral turpitude should be dismissed from public office immediately without any recourse and never be allowed to serve again.”

– Man, 71, U.S.

(For more on views of politicians, read Chapter 1 .)

“Democracy in this country has been distorted. Lack of security could improve with the Armed Forces on the streets.” Man, 46, Argentina

Public safety – including calls to reduce crime, improve policing and protect women – is also seen as a way to improve democracy, particularly in some of the middle-income countries surveyed. The issue appears in the top 10 named in Argentina, Brazil, Kenya, Mexico, Nigeria and South Africa.

In Argentina, which is in the midst of its worst economic crisis in decades , safety is ranked fourth of the 17 substantive topics coded – higher than any other survey country. Some Argentines tie crime and the economy together, as in the case of one woman’s declaration: “More work, less violence.”

In most other countries, though, focusing on safety is less of a priority to improve democracy.

Crime, safety and tougher punishments

Respondents who mention safety often focus specifically on lowering crime . They note that democracy would improve if there were “less murder,” “stricter laws for crimes against women and strict action should be taken against rapists,” and “more safety,” among other issues. These sentiments are present in both high-income and middle-income economies. For example, a Swedish man said, “Start with better laws and better sentences or penalties to get rid of all crime.” And a Mexican woman asked for “good governors to put an end to all crime, to have more surveillance.”

“As a democratic country, crack down on crime properly.” Man, 69, Japan

Some of these responses focus expressly on safety for women . A woman in India had a list of changes, suggesting, “Technology should be improved, bribery should be stopped, women should be protected, women should be employed, education should be better, law and order should be maintained.” Another woman in Mexico suggested that the government “pay more attention to what they need to do to support women who suffer violence, rape or mistreatment.” But women were not the only people calling for this democratic improvement: “Women and children are dying every day; can’t they increase security in our country?” asked a South African man.

Concerns about crime and safety lead some to favor stricter punishments for criminals. For example, people mention the need for “a tougher hand with criminals,” and generally “stricter laws.” They also offer specific policy solutions, including calls to reinstate the death penalty and put in place more severe punishments and prison sentences.

The role of law enforcement

“The police should stop corruption and respect the law. Corruption is what makes people lose confidence in the country. Even those who work in government should be ethical and respect the laws of the country.” Man, 40, South Africa

For many people who highlight safety as a means to improve democracy, empowering law enforcement is a good place to start. “We can make democracy improve by having strong institutions. The Constitution should be respected, the security personnel should do their best in making sure rules are respected,” said a Nigerian man. And an Australian woman suggested, “Pay police the same amounts CEOs get and then we might attract better people to the job.”

Others take issue with the disrespect that police forces face in their country , like a German man who said, “Crack down on people who show toughness against the police, fire brigade and rescue workers. A quick deportation of people who do not comply with law and order.” And a French woman thought people should “respect the law, respect the police, respect your superior, no violence.”

“Laws that effectively treat police and politicians equally when they commit unlawful acts against the public. We should not place them above others by the nature of their positions. These changes alone would mitigate many cases of corruption and abuse of power being seen today.” Man, 53, U.S.

Still, questions of police corruption , their immunity from prosecution and the need to apply the law to them were top of mind for some respondents. In the U.S., there were some who called for “abolishing the police,” while in Israel, people were sometimes critical of police violence against the Arab community. For example, one Israeli woman said, “The police should treat Arabs as citizens and not as terrorists.”

Safety and immigration

In South Africa and the U.S., some responses appealing for safety mentioned border security specifically. For example, one South African man suggested his country “close our borders, minimize crime.” Another South African man said, “Strict security on the country borders, more visible policy to reduce crime.” An American woman felt similarly that immigration and crime were linked: “Take care of American citizens first, take care of crime and prosecute criminals, close borders.” And another U.S. woman said, “Finish the wall at the border and prosecute street gangs and criminals.”

In most countries surveyed, people stop short of calling for changes to the judicial system as a way to improve their nation’s democracy. Outside of Israel, the issue never ranks higher than 10th among the 17 substantive topics coded.

In Israel, however, judicial system reform is the top issue of those coded. And the issue comes up more among Israelis on the ideological right (21%) than those in the center (11%) or on the left (10%). Israelis who see large divisions across ideological lines or between parties in their country are also about twice as likely as those who don’t see strong conflicts to mention judicial system reform.

In the U.S., those on the left are more likely to mention judicial system reform than those on the right.

The people who suggest judicial system reform often fit squarely into two groups: 1) those who want “less judicial activism” and “less interference” from judges; and 2) those who want their judges to be more independent and thus less subservient to politicians.

Keeping judges out of politics

“Less interference from the judiciary.” Man, 60, Brazil

Some express concerns about judges meddling in politics – essentially, creating legislation from the bench. For example, one American man complained that “activist judges” were “making laws instead of applying the laws as written.”

A Spanish man also focused on the conflict between the legislative branch and the judiciary, noting, “It would be better if the justices did not interfere so much in the work of the government. I believe that the government has to govern and that the judges are oppositional. They should not be doing political work.” In Spain, the survey was fielded a few months after the Spanish Constitutional Court blocked a parliamentary initiative focused on simplifying the method of electing court members.

Keeping politics out of the judicial system

In some countries, the concern centers more on politicians meddling in the justice system – with calls for the judiciary to have “true independence.” In Poland, for example, years of judicial reform have focused on allowing political oversight of judges, leading to clashes with the European Court of Justice around the time of the survey. Polish respondents highlighted the need to elect new judges to the Constitutional Tribunal and change the people on it – or, as one woman said, “reelect the Constitutional Tribunal without politicians.” (For more on views of politicians, read Chapter 1 .)

People elsewhere also highlight the political nature of judges . In the U.S., for example, one woman said that “nominees for the Supreme Court should not be denied by Congress if they are qualified. There must be a way to control extremely partisan judges???” In the UK, another woman emphasized how “the courts are quite biased” and democracy would improve with “more impartial courts.”

Israel: Tension between interference and independence

“To not let the legal reform go through and eliminate the Court and all the gatekeepers.” Woman, 41, Israel

In Israel – where, at the time of the survey, the government was pushing a controversial “reasonableness” bill meant to weaken the Supreme Court’s power to cancel government decisions – people mentioned both interference and independence.

For example, concerns about interference centered on “eliminating the High Court’s tyranny” and “curtailing the unlimited power that the High Court appropriated to itself.” Given the timing of the survey, people also focused on the need to push through the then-pending legislation, as in the case of one man who said, “We should quickly complete the legislation of Yariv Levin and cut off, once and for all, the head of the snake in the form of the legal system headed by the High Court.”

“To pass the laws that will limit the unbridled power of the court that acts as if our country was its private property.” Woman, 19, Israel

Those focused on the independence of the judiciary highlighted the need to “preserve the court,” to “keep the Supreme Court independent and not subordinate to anybody or entity,” and to “do everything to keep the last word of the High Court on any social and moral issue.”

“In order to improve democracy, the judiciary must be fixed. Courts lack clerks, they save money and do damage. I prefer they spend more and make the law work. Some services take years to obtain, for sentences to be carried out.” Man, 82, Italy

Improving day-to-day functioning of the judiciary

Many of the other ways that people want to fix the judicial system focused on its day-to-day operation. For example, respondents in multiple countries highlight the speed of decisions:

“Judicial processes should be expedited!”

– Man, 18, Argentina

“The judiciary should be reformed so court proceedings are faster.”

– Man, 65, Italy

“Cases should be adjudicated faster.”

– Woman, 45, Greece

Others note that certain services were limited during the COVID-19 pandemic and have not yet returned, saying there is more need for “access to the courts.” Some people call for technological changes, like offering live proceedings.

Supreme Court reform in the U.S.

In the U.S., while there are many different suggestions for judicial reform, one common refrain was the need for changes specifically in the Supreme Court. Many of these responses center around term limits for justices . People express concern about the lifetime nature of court appointments and about long-serving justices getting out of touch.

For example, one woman said, “We should limit the terms of the Supreme Court justices to 10 years. Some of them are so old and have very conservative views of the world, and their beliefs are no longer in sync with the rest of the U.S. Democracy means options and choices – so how can we have democracy when we are stuck with the same Supreme Court judges year after year?” Another woman noted, “Terms should be shorter, because if someone does a bad job, it’s hard to get them out.” These sentiments lead to some calling specifically for a mandatory retirement age.

Still others focus on changing how justices are appointed , including:

“Having term limits for Supreme Court justices that are staggered so that each president can choose one justice during his or her four-year term.”

– Woman, 60, U.S.

“Add more judges to the Supreme Court.”

– Woman, 54, U.S.

“The Supreme Court should have an equal number of judges across parties.”

– Woman, 71, U.S.

“U.S. Supreme Court justice confirmation should not be subject to Senate majority party discretion.”

– Man, 73, U.S.

And, while a code of ethics for the Supreme Court has come out since the survey was fielded, at least one respondent noted a need for that.

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Constitutional Law Research Paper Topics

This page presents a comprehensive exploration of constitutional law research paper topics designed to assist law students in their academic pursuits. As aspiring legal scholars, students are often tasked with crafting research papers that delve into various aspects of constitutional law. To aid them in this endeavor, this page offers a well-structured approach to understanding constitutional law research paper topics, providing valuable insights into the diverse range of subjects within this field. Whether students seek to analyze landmark cases, constitutional amendments, or contemporary issues, this page equips them with the necessary tools to embark on their constitutional law journey with confidence and excellence.

100 Constitutional Law Research Paper Topics

In the realm of constitutional law, students encounter a diverse array of topics that shape the legal landscape and impact societies worldwide. To aid law students in their research paper endeavors, this section presents a comprehensive list of constitutional law research paper topics, categorized to provide a structured approach for exploration. Whether you are passionate about historical constitutional developments, contemporary legal challenges, or comparative constitutional systems, this extensive list covers a broad spectrum of subjects within constitutional law.

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Foundational Constitutional Principles

• Separation of Powers: Analyzing the Doctrine’s Evolution and Application in Different Jurisdictions
• Checks and Balances: Assessing Its Efficacy in Safeguarding Constitutional Rights
• Judicial Review: Exploring the Role of the Judiciary in Constitutional Interpretation
• Federalism: Examining the Division of Powers between Central and Regional Governments
• Supremacy of the Constitution: Investigating Its Impact on National Legislation and Judicial Decisions
• Rule of Law: Understanding Its Significance in Upholding Constitutional Order and Individual Liberties
• Due Process: Evaluating Its Application in Criminal and Civil Proceedings
• Equal Protection: Analyzing the Concept’s Role in Combating Discrimination and Promoting Social Justice
• Constitutional Amendments: Investigating the Process and Impact of Amending Fundamental Law
• Living Constitution vs. Originalism: Comparing Approaches to Constitutional Interpretation

Rights and Liberties

• Freedom of Speech: Balancing the Right with Societal Interests and Protecting against Hate Speech
• Freedom of Religion: Examining the Boundaries of Religious Freedom in a Pluralistic Society
• Right to Privacy: Analyzing the Constitutional Basis and Its Implications on Modern Issues
• Second Amendment: Exploring the Right to Bear Arms and Its Interpretation over Time
• Voting Rights: Investigating the Evolution and Contemporary Challenges in Ensuring Electoral Equity
• Equal Protection and Discrimination: Analyzing Constitutional Remedies for Racial, Gender, and LGBTQ+ Discrimination
• Right to Education: Assessing the Intersection of Constitutional Law and Access to Quality Education
• Right to Health: Exploring the Constitution’s Role in Ensuring Health Care Equity
• Search and Seizure: Investigating Constitutional Limits on Police Power and Surveillance
• Right to Privacy in the Digital Age: Addressing Challenges in an Era of Technological Advancements

Comparative Constitutional Law

• Comparative Constitutional Systems: Analyzing the Structures and Functions of Different Legal Frameworks
• Federal vs. Unitary States: Comparing the Distribution of Powers and Governance Models
• Parliamentary vs. Presidential Systems: Assessing the Executive Branch’s Role and Accountability
• Constitutional Courts: Evaluating the Role and Impact of Specialized Judicial Bodies
• Civil Law vs. Common Law Traditions: Analyzing the Influence of Legal Traditions on Constitutional Interpretation
• Bill of Rights: Exploring the Inclusion and Protection of Fundamental Rights in Different Constitutions
• Constitutional Evolution: Examining the Process of Drafting and Amending Constitutions in Various Countries
• Constitutional Crisis: Investigating Historical and Modern Instances of Constitutional Crises and Resolutions
• Human Rights Protections: Comparing Constitutional Guarantees for Human Rights across Nations
• Indigenous Rights: Analyzing Constitutional Recognition and Protection of Indigenous Communities

Constitutionalism in Historical Context

• Magna Carta and Its Influence on Modern Constitutionalism
• The U.S. Constitution: Evolution, Interpretation, and Impact on American Society
• The French Revolution and Its Impact on Constitutional Developments
• The Weimar Constitution: Lessons and Challenges in Constitution-Making
• Constitutions of Former Colonies: Analyzing the Post-Colonial Struggles and Achievements
• Reconstruction Amendments: Analyzing the Post-Civil War Constitutional Reforms in the United States
• The Interwar Period: Constitutional Challenges and Responses in Europe
• The Role of Constitutions in Decolonization Movements
• The Evolution of Constitutional Law in Post-Communist States
• The Impact of the Universal Declaration of Human Rights on Constitutional Developments

Constitutional Law and International Relations

• International Human Rights Law: Analyzing Its Interaction with National Constitutions
• Treaty Supremacy and Constitutionalism: Examining the Challenges of International Treaties in Domestic Legal Systems
• Constitutional Courts and International Law: The Role of Domestic Courts in Adjudicating International Disputes
• The European Convention on Human Rights: Impact on Constitutional Law in Europe
• The Role of International Organizations in Shaping Constitutional Developments
• The UN Charter and Its Influence on National Constitutions
• Constitutional Law in Multinational Organizations: Analyzing the European Union’s Constitutional Structure
• International Trade and Constitutional Law: Balancing Economic Interests with Constitutional Protections
• The Impact of International Criminal Tribunals on National Constitutions
• The Role of Constitutional Law in Shaping Diplomatic Immunities and State Immunity Laws

Constitutional Law and Emerging Technologies

• Constitutional Implications of Artificial Intelligence and Machine Learning
• Cybersecurity and Constitutional Protections: Balancing National Security and Civil Liberties
• Biotechnology and the Right to Privacy: Ethical and Legal Challenges
• Data Protection and Constitutional Rights: The Intersection of Privacy and Information Security
• Surveillance Technologies and Fourth Amendment Concerns: Navigating Constitutional Boundaries
• Constitutional Law and Genetic Engineering: The Ethics and Regulation of Human Genome Editing
• Blockchain Technology and Constitutional Governance: Exploring Decentralization and Security
• Constitutional Implications of Cryptocurrencies and Digital Finance
• Digital Democracy: Constitutional Challenges in the Age of E-Governance
• The Role of Constitutional Law in Addressing Technological Advancements and Their Societal Impact

Constitutional Law and Comparative Criminal Justice Systems

• Constitutional Protections and Criminal Justice: Analyzing Differences in Legal Safeguards
• Miranda Rights: A Comparative Analysis of Police Interrogation Procedures
• The Death Penalty and Constitutional Law: Perspectives from Different Legal Systems
• Extradition and Constitutional Rights: Balancing the Interests of States and Individuals
• Criminal Justice Reforms and Constitutional Implications in Various Nations
• Plea Bargaining and Constitutional Due Process: A Comparative Study
• Constitutional Approaches to Juvenile Justice: Examining Legal Protections for Youth Offenders
• Bail and Pretrial Detention: Comparing Constitutional Guarantees in Different Jurisdictions
• Constitutional Rights of the Accused: A Comparative Review of Criminal Proceedings
• Constitutional Challenges in Combatting Cybercrime: A Global Perspective

Constitutional Law and Social Justice

• Affirmative Action: Constitutional Debates and Societal Implications
• Economic Rights and Constitutional Law: Analyzing the Protection of Socioeconomic Interests
• Environmental Protection and Constitutional Guarantees: The Role of Constitutions in Safeguarding the Planet
• Constitutional Law and Gender Equality: Examining Legal Frameworks to Address Gender Discrimination
• Indigenous Rights and Constitutional Recognition: Balancing Historical Justice and Cultural Preservation
• Constitutional Law and Disability Rights: Ensuring Inclusivity and Accessibility
• Reproductive Rights and Constitutional Protections: Analyzing the Intersection of Individual Liberties and State Interests
• Constitutional Safeguards for LGBTQ+ Rights: The Journey Towards Inclusivity and Equality
• Homelessness and Constitutional Law: Addressing Social Justice Issues Through Legal Frameworks
• Constitutional Implications of Income Inequality: Examining Legal Responses to Economic Disparities

Constitutional Law and Political Systems

• Presidential Powers and Constitutional Checks: Analyzing Executive Authority and Accountability
• Parliamentary Privileges and Constitutional Limits: Balancing Legislative Immunities with Public Interest
• Constitutional Law and Political Parties: The Role of Political Organizations in Democratic Systems
• Electoral Law and Constitutional Implications: Examining Voting Regulations and Democratic Governance
• The Constitutional Role of the Judiciary in Political Decision-Making
• The Influence of Political Ideologies on Constitutional Law and Interpretation
• Constitutional Amendments and Political Processes: The Mechanisms of Constitutional Change
• The Role of Constitutional Law in Political Campaign Finance and Election Spending
• Constitutional Law and Governmental Transparency: Ensuring Openness and Accountability
• The Impact of Constitutional Law on Political Ethics and Anti-Corruption Measures

Constitutional Law and Global Challenges

• National Emergencies and Constitutional Law: Balancing Security Measures with Civil Liberties
• Constitutional Responses to Pandemics: Analyzing Legal Frameworks for Public Health Crises
• Climate Change and Constitutional Protections: The Role of Constitutions in Environmental Crisis
• Constitutional Law and Terrorism: Addressing Security Threats While Upholding Human Rights
• Migration and Constitutional Law: Examining Legal Protections for Immigrants and Refugees
• Cybersecurity Threats and Constitutional Responses: Safeguarding Digital Infrastructure and Data Privacy
• Constitutional Challenges in Addressing Global Disputes and International Conflicts
• Constitutional Law and Armed Conflicts: The Balance Between Security and Humanitarian Concerns
• The Role of Constitutional Law in Combatting Corruption and Organized Crime
• Constitutional Law and Emerging Global Challenges: Navigating Complexities in an Interconnected World

This comprehensive list of constitutional law research paper topics offers students a vast array of engaging and thought-provoking subjects to explore in their academic pursuits. Constitutional law, as a dynamic and evolving field, addresses crucial issues shaping legal systems, societal values, and governance structures. By delving into these diverse research topics, law students can develop a deeper understanding of constitutional principles, legal developments, and their implications on human rights, political systems, and global challenges. From historical foundations to cutting-edge technological advancements, each topic offers unique insights into the intricate fabric of constitutional law. As students embark on their research journey, this comprehensive list seeks to inspire critical thinking, foster scholarly inquiry, and empower future legal scholars to contribute meaningfully to the field of constitutional law.

Constitutional Law: Exploring the Range of Research Paper Topics

Constitutional law is a foundational pillar of any legal system, shaping the fundamental principles that govern a nation. As the bedrock of rights, liberties, and governmental structures, constitutional law plays a crucial role in safeguarding individual freedoms, promoting social justice, and upholding the rule of law. This field of law is dynamic and constantly evolving, with new challenges and complexities emerging in the face of societal changes, technological advancements, and global developments. For students of law, delving into the realm of constitutional law offers an exciting opportunity to explore a vast range of research paper topics that are not only intellectually stimulating but also highly relevant to contemporary legal and societal issues.

Historical Foundations of Constitutional Law

To understand the present, one must study the past. Exploring the historical foundations of constitutional law offers valuable insights into the evolution of legal systems, the drafting of constitutions, and the shaping of early governmental structures. Topics in this category could include the Magna Carta’s influence on constitutional principles, the American Revolution’s impact on constitutionalism, or the role of historical legal documents in modern constitutional interpretation.

Comparative constitutional law examines the constitutions of different countries, identifying similarities and differences in their legal frameworks. Students can explore how diverse legal systems address common challenges, such as human rights protection, separation of powers, and federalism. Topics may encompass a comparison of constitutional rights in different jurisdictions, the impact of cultural factors on constitutional design, or the role of international law in influencing domestic constitutions.

Constitutional Interpretation and Judicial Review

Constitutional interpretation is a complex and fundamental aspect of constitutional law. Analyzing how courts interpret constitutional provisions and exercise judicial review is a topic of immense scholarly interest. Students can delve into landmark court cases that have shaped constitutional jurisprudence, examine different methods of interpretation (textualism, originalism, living constitution), and assess the judiciary’s role in balancing individual rights and government interests.

Protection of Fundamental Rights and Liberties

Constitutional law places a strong emphasis on safeguarding individual rights and liberties. Students can explore specific rights, such as freedom of speech, privacy, or equality, and analyze how courts balance these rights against competing societal interests. Topics may include the tension between free speech and hate speech regulations, the right to privacy in the digital age, or the constitutionality of affirmative action policies.

Constitutionalism and Rule of Law

Constitutionalism is the principle that the government’s powers should be limited by a constitution, and the rule of law ensures that all individuals, including government officials, are subject to the law’s authority. Students can explore how constitutionalism and the rule of law contribute to a stable and just society, examining the significance of constitutional supremacy and the separation of powers.

Federalism and Intergovernmental Relations

Federal systems divide power between central and regional governments. Research topics in this area may involve studying the balance of power between federal and state governments, exploring the impact of federalism on policy-making, or analyzing intergovernmental disputes.

Constitutional Amendments and Reform

Constitutions are not static documents; they can be amended or reformed to adapt to changing circumstances. Students can explore the procedures and challenges associated with constitutional amendments, analyze historical amendments, and assess the need for constitutional reforms in response to modern challenges.

Advancements in technology bring new legal challenges. Students can investigate how constitutional law addresses issues related to data privacy, surveillance, artificial intelligence, and online freedom of expression.

Constitutional law plays a critical role in promoting social justice. Topics in this category could include the constitutional implications of affirmative action, the right to education, or the right to healthcare.

Global Constitutionalism and International Law

The impact of international law on domestic constitutions and global constitutionalism is a compelling area of study. Students can examine the incorporation of international treaties into domestic law, the role of international courts in shaping constitutional jurisprudence, or the constitutional implications of global challenges like climate change.

The realm of constitutional law offers an expansive landscape of research paper topics for students to explore. From historical foundations to contemporary challenges, each topic presents an opportunity to deepen one’s understanding of constitutional principles, legal systems, and their relevance to contemporary issues. Whether delving into the protection of fundamental rights, the dynamics of federalism, or the impact of emerging technologies, students can engage in critical analysis and contribute to the ongoing discourse on constitutional law. By exploring this diverse range of research topics, students can unlock the potential of constitutional law to shape just and equitable societies while strengthening their skills as future legal scholars and practitioners.

How to Choose Constitutional Law Research Paper Topics

Selecting a research paper topic is a critical first step in the journey of writing a compelling and impactful paper in constitutional law. With the vast array of constitutional law issues to explore, students may find it challenging to narrow down their focus and identify a topic that is not only engaging but also aligns with their interests and academic goals. This section aims to provide valuable insights and practical tips on how to choose constitutional law research paper topics that will spark curiosity, foster intellectual growth, and enable students to make meaningful contributions to the field of law.

• Identify Your Interests and Passions : Passion fuels intellectual curiosity and motivates students to delve deeper into their chosen research topic. Start by identifying the aspects of constitutional law that genuinely interest you. Whether it’s fundamental rights, the separation of powers, or constitutional amendments, selecting a topic that resonates with your interests will make the research process more enjoyable and rewarding.
• Explore Current Legal and Social Issues : Constitutional law is continuously evolving in response to contemporary legal and social challenges. Stay up-to-date with current events and legal developments to identify pressing issues that warrant in-depth examination. Topics such as constitutional implications of technology, civil liberties during emergencies, or constitutional responses to pandemics are examples of relevant and timely research areas.
• Review Course Materials and Textbooks : Reviewing your course materials and textbooks can provide valuable inspiration for research paper topics. Professors often highlight key constitutional law debates, landmark cases, and emerging issues in their lectures and readings. Revisiting these materials may help you identify potential research topics that build upon class discussions.
• Consult with Professors and Legal Experts : Seeking guidance from professors and legal experts can offer valuable insights and mentorship in selecting an appropriate research topic. Professors may have expertise in specific areas of constitutional law and can provide recommendations or suggestions based on your academic strengths and interests.
• Analyze Constitutional Court Decisions : Examining landmark constitutional court decisions can serve as a starting point for research paper topics. Analyze how courts have interpreted constitutional provisions, resolved conflicts, or addressed societal challenges. Investigating dissenting opinions can also provide a unique perspective for exploration.
• Consider Comparative Approaches : Comparative constitutional law allows for the examination of different legal systems and how they address similar issues. You can compare constitutional approaches between countries, regions, or continents, which can yield valuable insights into the strengths and weaknesses of different constitutional frameworks.
• Evaluate the Research Feasibility : Before finalizing your research topic, consider its feasibility in terms of available resources, data, and literature. Ensure that there is sufficient scholarly material to support your research and that you have access to relevant legal texts, court decisions, and academic articles.
• Focus on Originality and Contribution : Strive for originality in your research paper topic by exploring less-trodden paths or emerging areas in constitutional law. Topics that contribute new insights, propose novel solutions, or address unexplored legal issues can stand out and make a significant impact in the field.
• Consider Multidisciplinary Perspectives : Constitutional law intersects with various other disciplines, such as political science, sociology, economics, and history. Considering multidisciplinary perspectives can enrich your research and provide a broader context for understanding constitutional issues.
• Refine and Narrow Down Your Topic : Once you have identified a preliminary topic, refine and narrow it down to a specific research question. A well-defined research question will guide your investigation and maintain focus throughout the writing process.

Choosing the right constitutional law research paper topic is a crucial step that requires thoughtful consideration and exploration of various avenues. By identifying your interests, analyzing current legal developments, and seeking guidance from experts, you can select a research topic that not only aligns with your passions but also contributes meaningfully to the field of constitutional law. Remember to refine and narrow down your topic, ensuring it is feasible and original, and be prepared to embark on an enriching journey of intellectual inquiry and discovery. With a well-chosen research topic, you can engage in a rewarding academic exploration and make valuable contributions to the ever-evolving field of constitutional law.

How to Write a Constitutional Law Research Paper

Writing a constitutional law research paper requires meticulous planning, critical analysis, and a thorough understanding of legal principles and arguments. A well-structured and thought-provoking research paper not only showcases your knowledge of constitutional law but also contributes to the broader legal discourse. In this section, we will provide a comprehensive guide on how to write a compelling constitutional law research paper that captures the essence of the subject and engages readers with its rigor and insights.

• Understand the Research Requirements : Before delving into the writing process, carefully review the research paper guidelines provided by your instructor or institution. Understand the specific requirements regarding length, formatting, citation style (APA, MLA, Chicago, etc.), and submission deadline. Pay attention to any specific research questions or themes your paper should address.
• Choose a Clear and Focused Thesis : A strong research paper revolves around a clear and focused thesis statement. The thesis should succinctly convey the main argument or point of your paper. Ensure that your thesis is specific, well-defined, and supported by relevant evidence and legal analysis.
• Conduct In-Depth Research : Constitutional law research papers require extensive research from reputable sources, including law journals, court decisions, academic books, and reputable online databases. Utilize libraries, academic databases, and online resources to gather relevant and up-to-date information.
• Organize Your Research : Organize your research materials in a logical and coherent manner. Create an annotated bibliography or research outline to keep track of the sources you plan to use and their relevance to your thesis. This step will help you maintain focus and structure during the writing process.
• Craft a Compelling Introduction : The introduction is the gateway to your research paper. Start with a compelling hook or a thought-provoking statement to capture readers’ attention. Provide context for your research topic, introduce your thesis, and outline the key arguments you will explore in the paper.
• Develop a Clear and Logical Structure : A well-structured research paper ensures that your arguments flow logically and coherently. Divide your paper into sections or chapters, each focusing on a specific aspect of your thesis. Use subheadings to guide readers through different sections of the paper.
• Analyze and Cite Legal Authorities : Constitutional law research papers rely heavily on legal authorities, including court decisions, statutes, and academic writings. Analyze the legal principles and arguments presented in these sources and use proper citation to give credit to the original authors.
• Provide Strong Supporting Evidence : Back your arguments with solid evidence from case law, legal doctrines, and constitutional principles. Incorporate direct quotes, paraphrases, and legal analysis to support your points effectively. Avoid relying solely on secondary sources and prioritize primary legal materials.
• Address Counterarguments : Acknowledge and address counterarguments to strengthen the credibility of your research. Anticipate potential objections to your thesis and present well-reasoned responses, demonstrating a comprehensive understanding of the subject.
• Craft a Persuasive Conclusion : The conclusion should summarize the main findings of your research and reiterate your thesis. Offer insights into the broader implications of your research and highlight any recommendations or areas for further study.

Writing a constitutional law research paper is a demanding yet intellectually rewarding endeavor. By understanding the research requirements, choosing a focused thesis, conducting in-depth research, and crafting a logical structure, you can produce a compelling and influential paper. Remember to support your arguments with strong evidence and legal analysis, and address counterarguments to demonstrate the depth of your understanding. With diligence and attention to detail, your constitutional law research paper will be an authoritative contribution to the legal scholarship and a testament to your expertise in the field.

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Legal Research Strategy

Preliminary analysis, organization, secondary sources, primary sources, updating research, identifying an end point, getting help, about this guide.

This guide will walk a beginning researcher though the legal research process step-by-step. These materials are created with the 1L Legal Research & Writing course in mind. However, these resources will also assist upper-level students engaged in any legal research project.

How to Strategize

Legal research must be comprehensive and precise.  One contrary source that you miss may invalidate other sources you plan to rely on.  Sticking to a strategy will save you time, ensure completeness, and improve your work product. 

Follow These Steps

Running Time: 3 minutes, 13 seconds.

Make sure that you don't miss any steps by using our:

• Legal Research Strategy Checklist

If you get stuck at any time during the process, check this out:

• Ten Tips for Moving Beyond the Brick Wall in the Legal Research Process, by Marsha L. Baum

Understanding the Legal Questions

A legal question often originates as a problem or story about a series of events. In law school, these stories are called fact patterns. In practice, facts may arise from a manager or an interview with a potential client. Start by doing the following:

• Read anything you have been given
• Analyze the facts and frame the legal issues
• Assess what you know and need to learn
• Note the jurisdiction and any primary law you have been given
• Generate potential search terms

Jurisdiction

Legal rules will vary depending on where geographically your legal question will be answered. You must determine the jurisdiction in which your claim will be heard. These resources can help you learn more about jurisdiction and how it is determined:

• Legal Treatises on Jurisdiction
• LII Wex Entry on Jurisdiction

This map indicates which states are in each federal appellate circuit:

Getting Started

Once you have begun your research, you will need to keep track of your work. Logging your research will help you to avoid missing sources and explain your research strategy. You will likely be asked to explain your research process when in practice. Researchers can keep paper logs, folders on Westlaw or Lexis, or online citation management platforms.

Organizational Methods

Tracking with paper or excel.

Many researchers create their own tracking charts.  Be sure to include:

• Search Date
• Topics/Keywords/Search Strategy
• Citation to Relevant Source Found
• Save Locations
• Follow Up Needed

Consider using the following research log as a starting place: 

• Sample Research Log

Tracking with Folders

Westlaw and Lexis offer options to create folders, then save and organize your materials there.

• Lexis Advance Folders
• Westlaw Edge Folders

Tracking with Citation Management Software

For long term projects, platforms such as Zotero, EndNote, Mendeley, or Refworks might be useful. These are good tools to keep your research well organized. Note, however, that none of these platforms substitute for doing your own proper Bluebook citations. Learn more about citation management software on our other research guides:

• Guide to Zotero for Harvard Law Students by Harvard Law School Library Research Services Last Updated Aug 9, 2024 387 views this year
• Zotero by Daniel Becker Last Updated Aug 19, 2024 26035 views this year

Types of Sources

There are three different types of sources: Primary, Secondary, and Tertiary.  When doing legal research you will be using mostly primary and secondary sources.  We will explore these different types of sources in the sections below.

Secondary sources often explain legal principles more thoroughly than a single case or statute. Starting with them can help you save time.

Secondary sources are particularly useful for:

• Learning the basics of a particular area of law
• Understanding key terms of art in an area
• Identifying essential cases and statutes

Consider the following when deciding which type of secondary source is right for you:

• Scope/Breadth
• Depth of Treatment
• Currentness/Reliability

For a deep dive into secondary sources visit:

• Secondary Sources: ALRs, Encyclopedias, Law Reviews, Restatements, & Treatises by Catherine Biondo Last Updated Apr 12, 2024 6324 views this year

Legal Dictionaries & Encyclopedias

Legal dictionaries.

Legal dictionaries are similar to other dictionaries that you have likely used before.

• Black's Law Dictionary
• Ballentine's Law Dictionary

Legal Encyclopedias

Legal encyclopedias contain brief, broad summaries of legal topics, providing introductions and explaining terms of art. They also provide citations to primary law and relevant major law review articles.  

Here are the two major national encyclopedias:

• American Jurisprudence (AmJur) (Westlaw)
• American Jurisprudence (Lexis)
• Corpus Juris Secundum (CJS)

Treatises are books on legal topics.  These books are a good place to begin your research.  They provide explanation, analysis, and citations to the most relevant primary sources. Treatises range from single subject overviews to deep treatments of broad subject areas.

It is important to check the date when the treatise was published. Many are either not updated, or are updated through the release of newer editions.

To find a relevant treatise explore:

• Legal Treatises by Subject by Catherine Biondo Last Updated Apr 12, 2024 5914 views this year

American Law Reports (ALR)

American Law Reports (ALR) contains in-depth articles on narrow topics of the law. ALR articles, are often called annotations. They provide background, analysis, and citations to relevant cases, statutes, articles, and other annotations. ALR annotations are invaluable tools to quickly find primary law on narrow legal questions.

This resource is available in both Westlaw and Lexis:

• American Law Reports on Westlaw (includes index)
• American Law Reports on Lexis

Law Reviews & Journals

Law reviews are scholarly publications, usually edited by law students in conjunction with faculty members. They contain both lengthy articles and shorter essays by professors and lawyers. They also contain comments, notes, or developments in the law written by law students. Articles often focus on new or emerging areas of law and may offer critical commentary. Some law reviews are dedicated to a particular topic while others are general. Occasionally, law reviews will include issues devoted to proceedings of panels and symposia.

Law review and journal articles are extremely narrow and deep with extensive references. 

To find law review articles visit:

• Law Journal Library on HeinOnline
• Law Reviews & Journals on LexisNexis
• Law Reviews & Journals on Westlaw

Restatements

Restatements are highly regarded distillations of common law, prepared by the American Law Institute (ALI). ALI is a prestigious organization comprised of judges, professors, and lawyers. They distill the "black letter law" from cases to indicate trends in common law. Resulting in a “restatement” of existing common law into a series of principles or rules. Occasionally, they make recommendations on what a rule of law should be.

Restatements are not primary law. However, they are considered persuasive authority by many courts.

Restatements are organized into chapters, titles, and sections.  Sections contain the following:

• a concisely stated rule of law,
• comments to clarify the rule,
• hypothetical examples,
• explanation of purpose, and
• exceptions to the rule  

To access restatements visit:

• American Law Institute Library on HeinOnline
• Restatements & Principles of the Law on LexisNexis
• Restatements & Principles of Law on Westlaw

Primary Authority

Primary authority is "authority that issues directly from a law-making body."   Authority , Black's Law Dictionary (11th ed. 2019).   Sources of primary authority include:

• Constitutions
• Statutes 

Regulations

Access to primary legal sources is available through:

• Bloomberg Law
• Free & Low Cost Alternatives

Statutes (also called legislation) are "laws enacted by legislative bodies", such as Congress and state legislatures.  Statute , Black's Law Dictionary (11th ed. 2019).

We typically start primary law research here. If there is a controlling statute, cases you look for later will interpret that law. There are two types of statutes, annotated and unannotated.

Annotated codes are a great place to start your research. They combine statutory language with citations to cases, regulations, secondary sources, and other relevant statutes. This can quickly connect you to the most relevant cases related to a particular law. Unannotated Codes provide only the text of the statute without editorial additions. Unannotated codes, however, are more often considered official and used for citation purposes.

For a deep dive on federal and state statutes, visit:

• Statutes: US and State Codes by Mindy Kent Last Updated Apr 12, 2024 4739 views this year
• 50 State Surveys

Want to learn more about the history or legislative intent of a law?  Learn how to get started here:

• Legislative History Get an introduction to legislative histories in less than 5 minutes.
• Federal Legislative History Research Guide

Regulations are rules made by executive departments and agencies. Not every legal question will require you to search regulations. However, many areas of law are affected by regulations. So make sure not to skip this step if they are relevant to your question.

To learn more about working with regulations, visit:

• Administrative Law Research by AJ Blechner Last Updated Apr 12, 2024 803 views this year

Case Basics

In many areas, finding relevant caselaw will comprise a significant part of your research. This Is particularly true in legal areas that rely heavily on common law principles.

Running Time: 3 minutes, 10 seconds.

Unpublished Cases

Up to  86% of federal case opinions are unpublished. You must determine whether your jurisdiction will consider these unpublished cases as persuasive authority. The Federal Rules of Appellate Procedure have an overarching rule, Rule 32.1  Each circuit also has local rules regarding citations to unpublished opinions. You must understand both the Federal Rule and the rule in your jurisdiction.

• Federal and Local Rules of Appellate Procedure 32.1 (Dec. 2021).
• Type of Opinion or Order Filed in Cases Terminated on the Merits, by Circuit (Sept. 2021).

Each state also has its own local rules which can often be accessed through:

• State Bar Associations
• State Courts Websites

First Circuit

• First Circuit Court Rule 32.1.0

Second Circuit

• Second Circuit Court Rule 32.1.1

Third Circuit

• Third Circuit Court Rule 5.7

Fourth Circuit

• Fourth Circuit Court Rule 32.1

Fifth Circuit

• Fifth Circuit Court Rule 47.5

Sixth Circuit

• Sixth Circuit Court Rule 32.1

Seventh Circuit

• Seventh Circuit Court Rule 32.1

Eighth Circuit

• Eighth Circuit Court Rule 32.1A

Ninth Circuit

• Ninth Circuit Court Rule 36-3

Tenth Circuit

• Tenth Circuit Court Rule 32.1

Eleventh Circuit

• Eleventh Circuit Court Rule 32.1

D.C. Circuit

• D.C. Circuit Court Rule 32.1

Federal Circuit

• Federal Circuit Court Rule 32.1

Finding Cases

Headnotes show the key legal points in a case. Legal databases use these headnotes to guide researchers to other cases on the same topic. They also use them to organize concepts explored in cases by subject. Publishers, like Westlaw and Lexis, create headnotes, so they are not consistent across databases.

Headnotes are organized by subject into an outline that allows you to search by subject. This outline is known as a "digest of cases." By browsing or searching the digest you can retrieve all headnotes covering a particular topic. This can help you identify particularly important cases on the relevant subject.

Running Time: 4 minutes, 43 seconds.

Each major legal database has its own digest:

• Topic Navigator (Lexis)
• Key Digest System (Westlaw)

Start by identifying a relevant topic in a digest.  Then you can limit those results to your jurisdiction for more relevant results.  Sometimes, you can keyword search within only the results on your topic in your jurisdiction.  This is a particularly powerful research method.

One Good Case Method

After following the steps above, you will have identified some relevant cases on your topic. You can use good cases you find to locate other cases addressing the same topic. These other cases often apply similar rules to a range of diverse fact patterns.

• in Lexis click "More Like This Headnote"
• in Westlaw click "Cases that Cite This Headnote"

to focus on the terms of art or key words in a particular headnote. You can use this feature to find more cases with similar language and concepts.  ​

Ways to Use Citators

A citator is "a catalogued list of cases, statutes, and other legal sources showing the subsequent history and current precedential value of those sources.  Citators allow researchers to verify the authority of a precedent and to find additional sources relating to a given subject." Citator , Black's Law Dictionary (11th ed. 2019).

Each major legal database has its own citator.  The two most popular are Keycite on Westlaw and Shepard's on Lexis.

• Keycite Information Page
• Shepard's Information Page

Making Sure Your Case is Still Good Law

This video answers common questions about citators:

For step-by-step instructions on how to use Keycite and Shepard's see the following:

Additional Shepard's Resources

• Shepard's Video Tutorial
• Shepard's Handout
• Shepard's Editorial Phrase Dictionary
• Shepard's Signal Indicators & Analysis Phrases
• Shepard's Citation Services User Guide
• Lexis+ Support and Training Additional online videos and handouts for Lexis+.

Additional KeyCite Resources

• How to Ensure I'm Citing Good Law (Westlaw Video)
• KeyCite Handout
• KeyCite Editorial Phrase Dictionary
• Understanding Next Generation KeyCite
• How to Check the Status of a Case with KeyCite
• Westlaw Precision Support Additional videos and handouts to support your Westlaw research.

Using Citators For

Citators serve three purposes: (1) case validation, (2) better understanding, and (3) additional research.

Case Validation

Is my case or statute good law?

• Parallel citations
• Prior and subsequent history
• Negative treatment suggesting you should no longer cite to holding.

Better Understanding

Has the law in this area changed?

• Later cases on the same point of law
• Positive treatment, explaining or expanding the law.
• Negative Treatment, narrowing or distinguishing the law.

Track Research

Who is citing and writing about my case or statute?

• Secondary sources that discuss your case or statute.
• Cases in other jurisdictions that discuss your case or statute.

Knowing When to Start Writing

For more guidance on when to stop your research see:

• Terminating Research, by Christina L. Kunz

Contact Us!

  Ask Us!  Submit a question or search our knowledge base.

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Email: [email protected]

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This guide is licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License .

You may reproduce any part of it for noncommercial purposes as long as credit is included and it is shared in the same manner. 

• Last Updated: Aug 27, 2024 5:19 PM
• URL: https://guides.library.harvard.edu/law/researchstrategy

Harvard University Digital Accessibility Policy

The WJP is an independent, multidisciplinary organization working to advance the rule of law worldwide.

We engage advocates from across the globe and from multiple work disciplines to advance the rule of law.

The Rule of Law in Mexico

Over the past decade, the World Justice Project (WJP) has conducted interviews in over 140 countries to measure adherence to the rule of law from the citizen's point of view. This research has produced data that brings to light the experiences and perceptions of everyday people affected by rule of law issues—from government corruption to fundamental rights to access to justice and beyond. Now, the WJP is applying this expertise to measuring the rule of law in Mexico's states.

The WJP Mexico States Rule of Law Index 2023-24 (in Spanish) —released in June of 2024—is the sixth edition of the only subnational index produced by the WJP and one of the most complete measurements of institutional performance in the country. This tool uses the same conceptual framework and methodology that the WJP has used in over 142 countries to measure adherence to the rule of law in each of Mexico's 32 states.

This research presents new data and indicators, which are organized into eight factors and 42 sub-factors:

• Constraints on Government Powers
• Absence of Corruption
• Open Government
• Fundamental Rights
• Order & Security
• Regulatory Enforcement
• Civil Justice
• Criminal Justice

The  WJP Mexico States Rule of Law Index  uses information obtained first-hand from citizens to capture the voices of thousands of people in urban and rural areas in Mexico. Specifically, the Index uses over 600 variables generated from answers to a General Population Poll (GPP) of 12,800 people, answers to Qualified Respondents' Questionnaires (QRQs) administered to over 2,000 attorneys and experts in criminal law, civil law, labor law, and public health; and information produced by other institutions (third-party sources). 

The potential for application and impact of this Index is broad. It is a tool that may be used by legislators, civil society organizations, academia, and the media, among others, to identify strengths and weaknesses in each state, and promote public policies that strengthen the rule of law in Mexico.

Download the Index report in Spanish below, as well as a document with the most important findings in Spanish. Also, explore the interactive data at  index.worldjusticeproject.mx , and learn more about the Index on our  YouTube   page. 

WJP Mexico States Rule of Law Index 2021-2022

• Download (English)
• Download (Spanish)

WJP Mexico States Rule of Law Index 2020-2021

WJP Mexico States Rule of Law Index 2020-2021 Insights

(Photo by  Daniel Lozano Valdés  on  Unsplash )

Does the Rule of Law Apply in the US Government’s Enforcement Proceedings? It seems likely that most people would respond to the question with a resounding “Yes, of course, isn’t this America?” Unfortunately, the answer is, “Often No.”

Policymakers and judicial authorities in the United States and other developed countries often generally speak of the “Rule of Law.”  By that, they mean all parties are equal under the law no matter their rank, status, or resources, that “no individual is above the law.”  The concept has almost become a talisman in the media as of late when discussing various court cases and investigations against well-connected individuals and former top officials facing trials as our November elections near.

The “Rule of Law” is, in fact,  a “ term that is often used but difficult to define, ” a vessel in which can be poured many meanings.  However, certainly, two fundamental, bedrock principles are 1) the government should treat the governed fairly and reasonably and 2) the governed must have reasonable access to an impartial judiciary to hold government abuses in check when they are not treated fairly and reasonably.

Failure to meet these principles will lead to corrosion of the support of government overall, and “ the state would owe its continued existence only to brute force, and that is seen as to be both perilous and costly. ”

Yet as important as this concept is, there has been very little systematic analysis done with regard to whether the much-touted “Rule of Law” actually applies during enforcement proceedings, which comprise the bulk of the nation’s legal activities.  In the United States and most developed countries, the legal regime can be seen as a pyramid with statutes at the top, agency regulations plus multiple interpretive directives in the middle, and enforcement of all of the above at the base–the broadest portion–of the pyramid.  The press, decision-makers, and lobbyists typically focus on the development of statutes, and experts burrow in at the middle level where the regulatory process occurs under the Administrative Procedure Act. Much has been written on the legislative and regulatory processes but there has been little in-depth review of what happens when, once the dust has settled, these myriads of legal requirements get enforced by the government against its citizens.  This may be due to the fact that enforcement tends to be individually based, with complex patterns, and very hard to track since most actions do not get reported in the case law. Yet, it would seem obvious that it is important to understand what is happening at this level where the law has broad applicability to its citizens.

I recently completed an extensive analysis of how the I-9 employee verification requirements under US immigration laws are enforced.  I analyzed case law, reviewed penalty ranges and interviewed experienced practitioners in the field.  That analysis revealed an enforcement bureaucracy that often advances unsupported legal theories leveraged to force settlements through inflated fines and threats of department and criminal sanctions. At times, enforcement officials seemed both imperious and perfunctory when it came to recognizing the difficulties placed on the regulated, regardless of guilt or innocence, occasionally exacerbated by a lack of knowledge of basic aspects of the applicable law such as the relevant statute of limitations. As one practitioner noted: “This type of heavy-handed enforcement does not induce better compliance with the law but a general mistrust of government  and the general feeling of ‘Well, you can’t fight City Hall, so let’s just pay the fines and settle and it  doesn’t matter if I am innocent.'”  Another noted:  “More thought needs to be given to those on the receiving end of the heavy club of government—and the problems I have touched on here undermines respect for the bureaucracy and their role by taxpaying employers who usually just want to thread complex requirements and do the right thing.”

Of course, the second prong of the Rule of Law, the right of access to a judiciary, is intended to be a check on, and remedy for, these kinds of abuses by government officials—however infrequently or frequently they may occur. Despite this bedrock principle, basic analysis has revealed that this “right” is more ephemeral than real to many employers, especially small ones, who simply cannot afford the cost of litigation or the interminable delays inherent in such litigation.  As noted by another practitioner, “The option of not settling and pursuing judicial review is a long, drawn out and uncertain path. Practical matters block the doors to judicial relief except for the most well-heeled employer.”  And while the precept of  “ justice delayed is justice denied ” may be given an occasional nod, it is so routinely violated that the concept has become hackneyed.

Unfortunately, my extensive experience in this area, coupled with related hearings on Capitol Hill, demonstrate that this problem is not limited to the enforcement of I-9 laws in this country.  As one witness put it during a hearing in the US Senate on similar problems under other statutes: 

Senator, my experience has been that many small businesses will fight allegations of wrongdoing on a variety of statutes on principal, and a lot of these companies will go through an entire investigation knowing that they are right and then, as they have said here, when it comes time to really invest the money and the resources to fight a complaint, they settle…. When they get that spill [about costs] they all give up every one of them, and nobody goes forward.

Other witnesses in the House expressed similar problems.

These interrelated problems of overreach in enforcement and the unavailability to many of judicial review to hold those abuses in check have received little attention in written literature and persist as if inevitable.  Yet, as noted above, fair treatment by the government and effective access to a judiciary are two fundamental pillars of the Rule of Law.

Does this matter? I would argue it does because it belies the argument that the so-called Rule of Law is widely applicable in this country or other developed countries.  That fact can ultimately lead to disrespect for the law and undermine support for government.  So what can be done—anything?

The costs and delays in our judicial system appear intractable.  Therefore, solutions to restore Rule of Law principles perhaps can be better found at the initial level of enforcement, at the front end, rather than the back end.  These might include steps to improve the enforcement of our laws through better training of agency personnel, with discipline for inappropriate behavior, which could be pursued through changes to government personnel regulations. But the difficulties in improving the federal bureaucracy are legendary as former Vice President Al Gore learned in pursuing President Clinton’s Reinventing Government Initiative.  Another step would be to strengthen the provisions of the Equal Access to Justice Act (EAJA) which ”is meant to discourage the Federal Government from using its superior litigation resources unreasonably—it is in this respect an ‘anti-bully’ law ”.  EAJA allows small entities (not limited to employers) to recover costs against the government when prevailing in an enforcement proceeding but then provides that an agency can escape liability if it can show that its position was “substantially justified.”  Those two words have engendered much litigation, [i] and unfortunately that fact requires a prevailing party to relitigate the case, with more costs, against an uncertain legal background and encourages agencies to continue to oppose reimbursement of costs even when the defendant has prevailed.

Recent reports by the Administrative Conference of the United States (ACUS) demonstrate that EAJA has essentially become a dead letter, despite its important goals. For example, the March 31, 2023 ACUS Report for FY 2022 found that DHS—with all of its sweeping jurisdiction—had only 85 EAJA awards, the Department of Labor, three, and the National Labor Relations Board, one.  This paucity of awards repeats itself.  As Congress has explored in the past, EAJA could be appropriately strengthened by eliminating the “substantial justification” loophole. This improvement would deter agencies from filing questionable cases at the outset due to probable liability for reimbursement of expenses of defendants, result in better targeting of resources against truly bad actors, and give small entities a realistic chance of vindicating their rights.  Congress has explored reforms to EAJA in the past and it is time that these efforts be revisited.

This is not about gutting enforcement; this is about improving enforcement and simple fairness for small entities confronting the awesome power of government.  

[i] “What constitutes substantial justification of government’s position so as to prohibit awards of attorneys’ fees against government under Equal Access to Justice Act,” 69 A.L.R. Fed 130

Alabama removes 10 Commandments from courthouse

On August 28, 2003, the Supreme Court of Alabama removed a monument of the Biblical Ten Commandments from its courthouse rotunda. The monument had been installed on the orders of Chief Justice Roy Moore, triggering a federal lawsuit. In Glassroth v. Moore , the federal District Court for the Middle District of Alabama ordered Moore to remove the monument. This decision was upheld on appeal to the Eleventh Circuit. When Moore refused, he was removed from his post by the Supreme Court of Alabama.

Civil rights leader Martin Luther King, Jr. delivered "I Have a Dream" speech

On August 28, 1963, Martin Luther King, Jr. delivered his "I Have a Dream" speech to 200,000 people gathered in front of the Lincoln Memorial for the March on Washington . Listen to King's speech . The march was later credited with helping to achieve passage of the 1964 Civil Rights Act and the 1965 Voting Rights Act.

Peace Palace opens

On August 28, 1913, the Peace Palace was opened in the Hague by Queen Wilhelmina of the Netherlands. The Palace was conceived of as a forum to host the international Permanent Court of Arbitration (PCA). In addition to the PCA, the Palace today hosts the International Court of Justice, the Hague Academy of International Law, and the Peace Palace Library of International Law. Learn more about the creation of the Peace Palace.

Walz VP selection spurs flurry of misinformation online

Vice President Kamala Harris announced Minnesota Gov. Tim Walz as her running mate at an Aug. 6 rally in Philadelphia, sparking a flurry of online discussion about Walz and his background.

It wasn't all accurate.

Walz, formerly unknown by a majority of Americans, is now preparing to take the stage as the keynote speaker for tonight's Democratic National Convention. Here's a roundup of fact checks about Walz from the USA TODAY Fact-Check team.

More from the Fact-Check Team: How we pick and research claims | Email newsletter | Facebook page

Claim: Tim Walz has $138 million net worth, daughter with $82,000 in forgiven student loans

Our rating: False

The claims are fabrications, according to the publisher of the satirical Facebook account where they originated. Walz's actual net worth is far lower.

Full fact check: Tim Walz has $138 million net worth? No, that started as satire

Claim: Walz 'let Minnesota burn' during 2020 protests

This claim oversimplifies Walz's reaction to the 2020 protests. After witnessing the escalating violence in Minneapolis, Walz discussed the activation of the National Guard with the city's mayor, calling on the Guard three days after the murder of George Floyd. As the protests grew more violent, Walz increased the number of mobilized Guardsmen.

Full fact check explainer: GOP critics say Tim Walz 'let Minnesota burn' in 2020 protests. Here's what happened

Claim: Tim Walz signed a bill redefining ‘sexual orientation’ to include pedophiles

The bill Walz signed into law does no such thing. The state's definition of sexual orientation does not include pedophilia.

Full fact check: No, Tim Walz did not sign bill including pedophilia as 'sexual orientation'

Claim: Walz received nine different military awards and Vance only had two

Our rating: Partly false

The list for Walz is correct, but the post understates the number of awards and medals Vance earned during his military career.

Full fact check: JD Vance's military achievements misrepresented in viral post

Claim: Tim Walz said he wanted to invest in a ladder factory to help migrants get over border wall

The full context of this clip shows Walz's ladder factory reference was part of an argument that a wall is an ineffective way to secure a border. Walz didn't reference or say he supports helping anyone enter the U.S. illegally.

Full fact check: Walz ladder factory comment was argument border wall is ineffective

Claim: Tim Walz lied about coaching high school football team to state championship

Walz was a coach for a Minnesota high school football team when it won a state championship in 1999, according to local news reporting.

Full fact check: Tim Walz coached for high school football team that won state championship

Claim: Biden opposing SAVE Act is 'cheating'; Walz is allowing 'illegals' to vote in Minnesota

The post misrepresents two legislative actions. Noncitizens aren't allowed to vote, and vetoing the SAVE bill would not change that or violate any laws to constitute "cheating." Minnesota's automatic voter registration bill, signed by Gov. Tim Walz, the Democratic vice-presidential nominee, does not allow noncitizens of any status to vote in state or federal elections.

Full fact check: Walz, Biden actions don't allow noncitizens to vote

Claim: Image shows Kamala Harris and Tim Walz posing with a communist sign

Our rating: Altered

Images and videos from the event pictured show the background included a sign that said, “Kamala and the Coach,” not "Revolutionary Communists of America."

Full fact check: Harris and Walz posing with a communist sign? No, image is altered

Claim: 'No one' attended Aug. 7 Harris and Walz rally in Michigan

Images and videos from the Aug. 7 event show a large crowd was present to greet Harris and Walz.

Full fact check: Images and videos show thousands attended Harris rally in Michigan

Claim: Image shows Fox Business graphic about Tim Walz's 'communist agenda'

The image doesn't show a real graphic broadcast on Fox Business, a spokesperson said. It was created as satire and is now being misrepresented as being authentic.

Full fact check: No, Fox Business didn't air graphic about Tim Walz's 'communist agenda'

Claim: Peggy Flanagan replaced Tim Walz as Minnesota governor after VP selection

Walz has not stepped down as Minnesota's governor, and Flanagan has not become the state's governor. Walz is also not required to leave office to run with Harris in the 2024 presidential election.

Full fact check: Gov. Walz does not need to resign after VP selection

Thank you for supporting our journalism. You can subscribe to our print edition, ad-free app or e-newspaper here .

USA TODAY is a verified signatory of the International Fact-Checking Network, which requires a demonstrated commitment to nonpartisanship, fairness and transparency. Our fact-check work is supported in part by a grant from Meta .

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• Law firms had strong financial performance…
• Law firms had strong financial performance in first half of 2024, survey says

By Debra Cassens Weiss

August 26, 2024, 12:39 pm CDT

Another survey shows an 11.4% year-over-year increase in law firm revenue for the first half of 2024, a percentage that is more than double the 4.4% growth for the same period last year. (Image from Shutterstock)

Another survey shows an 11.4% year-over-year increase in law firm revenue for the first half of 2024, a percentage that is more than double the 4.4% growth for the same period last year.

Firms “experienced very strong performance, partly benefiting from a relatively easy comparison against a soft first half of 2023,” according to a media summary by Wells Fargo’s Legal Specialty Group.

The revenue boost led to one of “the best first halves we’ve surveyed, second only to 2021,” the summary said.

The findings echo survey results released last week by the Citi Global Wealth at Work law firm group. That survey also found an 11.4% increase in revenue for the first six months of 2024.

According to the Wells Fargo report, rate growth is the primary reason for the increase in revenues. Average standard rates increased 8.8%, compared to the first six months of 2023.

The rate growth was highest—at 10%—for firms that are among the nation’s top 50 for gross revenues. Those firms also had the highest revenue growth, with a 13.8% increase.

Wells Fargo’s results are based on a survey of more than 130 firms, including 66 firms that are in the Am Law 100, a listing of the nation’s 100 top-grossing firms. Forty-two Am Law Second Hundred firms participated. Results are based on comparisons to the same period last year.

Other findings include:

  • Capital markets and merger activity recovered in the first half of 2024. At the same time, practices spurring growth in 2023 “continued apace.” Those practices are litigation, restructuring, regulatory/antitrust and investment management.

  • Demand increased 3.1%, and productivity increased 1.5% to 1,576 hours per lawyer.

  • Expenses increased 7%, with increases in overhead, at 7.3%, slightly outpacing increases in lawyer costs, which were up 6.7%.

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RULE OF LAW: A LITERATURE REVIEW ON THEORETICAL CONCEPTS, CHALLENGES FROM MASS MEDIA TO INNOVATION

2020, juscorpus

This literature review paper rivets on the theoretical constructs and critical examination of the historical conception and understanding of the rule of law. For instance, Rule of law has been already established in various developed and developing countries but there are still difficulties in the implementation of new reforms. My aim is also to factually analyze and discuss Lee Thesis and Amartya Sen's proposal of freedom for development. This paper also uses Prisoners Dilemma Game to show the relationship between bilateral trade and presence or absence of rule of law" in any two countries. The study also intends to show how the availability of information increases an individual's capabilities which lead to creation of higher level of innovation prospects and overall economic development of an economy. Navigating the role of media in opinion formation the study further investigates the extent to which rule of law is impacted by the media and journalism in particular.

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Philippine democracy has crumbled under President Rodrigo Duterte. This article reviews the main political and economic developments in the country from 2018 to 2019. It argues that a process of authoritarian consolidation occurred during this period. This is not the result of a sudden breakdown or suppression of civil and political institutions for democracy, as would occur in a military takeover, but of democratic erosion and deconsolidation, catalysed by a popular but norm-breaking elected leader. An unprecedented scale of state-sponsored violence, President Duterte’s so-called «war on drugs», preconditioned the transition from democratic to authoritarian rule. The Duterte government and his allies then marginalised the opposition and vilified the media, politically captured the judiciary, broke the prevailing norms against martial law normalising emergency rule, as well as withstood pro-democracy influence from institutions like the European Union by aligning economically with China.

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Platform work has received considerable critical attention in the media, in policy debates and increasingly in academic literature. Until recently much of this attention has been focused on the personalized service industry, namely Uber and other ridesourcing platforms. Uber’s arrival in Australia in 2012 underscores a diffusion of risk and responsibility in a weakening labour market. In this article, we argue that these problems are not coincidental, but that they are emblematic of the growing de-standardization of work in Australia and other countries. We explore literature on platform work, the de-standardization of work, and Uber in an Australian context, and discuss socio-legal and regulatory responses. We argue that the legal and policy considerations about the future of the personalized transport industry need to address the broader socio-economic landscape, that is eroding the rewards of paid work.

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Village government is the lowest level administration in Indonesia. It is formed by law. However, a village head is not a government official and also village employees are not civil servants. The Village Government has authority to administer government affairs; nevertheless, the central government doesn’t decentralize the government affairs to the Village. The organizational structure is like a municipal, consisting of a mayor and council; yet the mayor is not chief of local bureaucrats and the council is just a voluntary board that functions like a council. Such a fact is problematic, which raises the question regarding the legal status of village in the administration of the Republic of Indonesia. The study used a post-positivistic approach with a qualitative method. Jabon Mekar village, Bogor Regenstschap (Municipal), Banten Province was chosen as the locus of the study. The results conclude that the village administration is a pseudo local self-government. To that end, a village institution needs to become a public organization to comply with the Indonesia Constitution of 1945, in order to provide public services that would prosper the people.

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Western Balkan countries continue to struggle with some major institutional and structural problems, which affect progress in almost all areas. The rule of law, which is a central feature of a modern democratic society, is not ensured. Human Rights, which consist of a wide range of civil, cultural, economic, political and social rights, are denied and this denial is not “by law” but “by practice”. The aim of this analysis is to give a brief overview of the situation with regard to the enjoyment of the basic human rights in the Western Balkans. The main line of argumentation is that Western Balkan states have been reviewing much of their domestic laws, regulations, structures etc. to comply with the European Union (EU) standards. As a result, the backbone that is necessary to protect the basic civil, political, social, and economic rights are in place; however implementation of these ambitious legal framework, which is the key

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Dr.Geetali Tilak , Dr. Deepak Tilak

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BLM’s Proposed Methane Waste Prevention Rule Summary

On November 30, 2022, the Department of the Interior’s Bureau of Land Management (BLM) published a proposal that would require operators of federal and tribal oil and gas leases to take steps to avoid the waste of methane: Waste Prevention, Production Subject to Royalties, and Resource Conservation . The proposed rule would establish new requirements designed to reduce methane waste and ensure that when natural gas is lost at oil and gas lease sites, the US public and tribal mineral owners are compensated through royalty payments. BLM projects that the benefits of the rule include reduced gas waste, increased royalty revenue, and environmental co-benefits.

BLM proposes to require operators to “use all reasonable precautions to prevent the waste of oil or gas” on federal and tribal leases. To do this, BLM would establish limits on wasted gas, require royalty payments for gas deemed “avoidably lost,” and set out new requirements for leak detection and equipment upgrades. For some operators, the BLM requirements for wasted gas would apply to sources in addition to EPA’s proposed methane emissions requirements and the Inflation Reduction Act (IRA) methane fee.

Our white paper offers an overview of the proposed rule, including the legal developments that have shaped the proposal and key changes from prior administrations’ waste prevention rules. Additionally we describe how BLM’s waste prevention rule compares to EPA’s supplemental methane proposal and the IRA methane fee. Stakeholder comments will help BLM finalize a legally durable rule and align regulatory requirements with technology advancements. BLM is accepting comments submitted through January 30, 2023 .

Read or download our white paper here .

Samantha Putterman, PolitiFact Samantha Putterman, PolitiFact

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• Copy URL https://www.pbs.org/newshour/politics/fact-checking-warnings-from-democrats-about-project-2025-and-donald-trump

Fact-checking warnings from Democrats about Project 2025 and Donald Trump

This fact check originally appeared on PolitiFact .

Project 2025 has a starring role in this week’s Democratic National Convention.

And it was front and center on Night 1.

WATCH: Hauling large copy of Project 2025, Michigan state Sen. McMorrow speaks at 2024 DNC

“This is Project 2025,” Michigan state Sen. Mallory McMorrow, D-Royal Oak, said as she laid a hardbound copy of the 900-page document on the lectern. “Over the next four nights, you are going to hear a lot about what is in this 900-page document. Why? Because this is the Republican blueprint for a second Trump term.”

Vice President Kamala Harris, the Democratic presidential nominee, has warned Americans about “Trump’s Project 2025” agenda — even though former President Donald Trump doesn’t claim the conservative presidential transition document.

“Donald Trump wants to take our country backward,” Harris said July 23 in Milwaukee. “He and his extreme Project 2025 agenda will weaken the middle class. Like, we know we got to take this seriously, and can you believe they put that thing in writing?”

Minnesota Gov. Tim Walz, Harris’ running mate, has joined in on the talking point.

“Don’t believe (Trump) when he’s playing dumb about this Project 2025. He knows exactly what it’ll do,” Walz said Aug. 9 in Glendale, Arizona.

Trump’s campaign has worked to build distance from the project, which the Heritage Foundation, a conservative think tank, led with contributions from dozens of conservative groups.

Much of the plan calls for extensive executive-branch overhauls and draws on both long-standing conservative principles, such as tax cuts, and more recent culture war issues. It lays out recommendations for disbanding the Commerce and Education departments, eliminating certain climate protections and consolidating more power to the president.

Project 2025 offers a sweeping vision for a Republican-led executive branch, and some of its policies mirror Trump’s 2024 agenda, But Harris and her presidential campaign have at times gone too far in describing what the project calls for and how closely the plans overlap with Trump’s campaign.

PolitiFact researched Harris’ warnings about how the plan would affect reproductive rights, federal entitlement programs and education, just as we did for President Joe Biden’s Project 2025 rhetoric. Here’s what the project does and doesn’t call for, and how it squares with Trump’s positions.

Are Trump and Project 2025 connected?

To distance himself from Project 2025 amid the Democratic attacks, Trump wrote on Truth Social that he “knows nothing” about it and has “no idea” who is in charge of it. (CNN identified at least 140 former advisers from the Trump administration who have been involved.)

The Heritage Foundation sought contributions from more than 100 conservative organizations for its policy vision for the next Republican presidency, which was published in 2023.

Project 2025 is now winding down some of its policy operations, and director Paul Dans, a former Trump administration official, is stepping down, The Washington Post reported July 30. Trump campaign managers Susie Wiles and Chris LaCivita denounced the document.

WATCH: A look at the Project 2025 plan to reshape government and Trump’s links to its authors

However, Project 2025 contributors include a number of high-ranking officials from Trump’s first administration, including former White House adviser Peter Navarro and former Housing and Urban Development Secretary Ben Carson.

A recently released recording of Russell Vought, a Project 2025 author and the former director of Trump’s Office of Management and Budget, showed Vought saying Trump’s “very supportive of what we do.” He said Trump was only distancing himself because Democrats were making a bogeyman out of the document.

Project 2025 wouldn’t ban abortion outright, but would curtail access

The Harris campaign shared a graphic on X that claimed “Trump’s Project 2025 plan for workers” would “go after birth control and ban abortion nationwide.”

The plan doesn’t call to ban abortion nationwide, though its recommendations could curtail some contraceptives and limit abortion access.

What’s known about Trump’s abortion agenda neither lines up with Harris’ description nor Project 2025’s wish list.

Project 2025 says the Department of Health and Human Services Department should “return to being known as the Department of Life by explicitly rejecting the notion that abortion is health care.”

It recommends that the Food and Drug Administration reverse its 2000 approval of mifepristone, the first pill taken in a two-drug regimen for a medication abortion. Medication is the most common form of abortion in the U.S. — accounting for around 63 percent in 2023.

If mifepristone were to remain approved, Project 2025 recommends new rules, such as cutting its use from 10 weeks into pregnancy to seven. It would have to be provided to patients in person — part of the group’s efforts to limit access to the drug by mail. In June, the U.S. Supreme Court rejected a legal challenge to mifepristone’s FDA approval over procedural grounds.

WATCH: Trump’s plans for health care and reproductive rights if he returns to White House The manual also calls for the Justice Department to enforce the 1873 Comstock Act on mifepristone, which bans the mailing of “obscene” materials. Abortion access supporters fear that a strict interpretation of the law could go further to ban mailing the materials used in procedural abortions, such as surgical instruments and equipment.

The plan proposes withholding federal money from states that don’t report to the Centers for Disease Control and Prevention how many abortions take place within their borders. The plan also would prohibit abortion providers, such as Planned Parenthood, from receiving Medicaid funds. It also calls for the Department of Health and Human Services to ensure that the training of medical professionals, including doctors and nurses, omits abortion training.

The document says some forms of emergency contraception — particularly Ella, a pill that can be taken within five days of unprotected sex to prevent pregnancy — should be excluded from no-cost coverage. The Affordable Care Act requires most private health insurers to cover recommended preventive services, which involves a range of birth control methods, including emergency contraception.

Trump has recently said states should decide abortion regulations and that he wouldn’t block access to contraceptives. Trump said during his June 27 debate with Biden that he wouldn’t ban mifepristone after the Supreme Court “approved” it. But the court rejected the lawsuit based on standing, not the case’s merits. He has not weighed in on the Comstock Act or said whether he supports it being used to block abortion medication, or other kinds of abortions.

Project 2025 doesn’t call for cutting Social Security, but proposes some changes to Medicare

“When you read (Project 2025),” Harris told a crowd July 23 in Wisconsin, “you will see, Donald Trump intends to cut Social Security and Medicare.”

The Project 2025 document does not call for Social Security cuts. None of its 10 references to Social Security addresses plans for cutting the program.

Harris also misleads about Trump’s Social Security views.

In his earlier campaigns and before he was a politician, Trump said about a half-dozen times that he’s open to major overhauls of Social Security, including cuts and privatization. More recently, in a March 2024 CNBC interview, Trump said of entitlement programs such as Social Security, “There’s a lot you can do in terms of entitlements, in terms of cutting.” However, he quickly walked that statement back, and his CNBC comment stands at odds with essentially everything else Trump has said during the 2024 presidential campaign.

Trump’s campaign website says that not “a single penny” should be cut from Social Security. We rated Harris’ claim that Trump intends to cut Social Security Mostly False.

Project 2025 does propose changes to Medicare, including making Medicare Advantage, the private insurance offering in Medicare, the “default” enrollment option. Unlike Original Medicare, Medicare Advantage plans have provider networks and can also require prior authorization, meaning that the plan can approve or deny certain services. Original Medicare plans don’t have prior authorization requirements.

The manual also calls for repealing health policies enacted under Biden, such as the Inflation Reduction Act. The law enabled Medicare to negotiate with drugmakers for the first time in history, and recently resulted in an agreement with drug companies to lower the prices of 10 expensive prescriptions for Medicare enrollees.

Trump, however, has said repeatedly during the 2024 presidential campaign that he will not cut Medicare.

Project 2025 would eliminate the Education Department, which Trump supports

The Harris campaign said Project 2025 would “eliminate the U.S. Department of Education” — and that’s accurate. Project 2025 says federal education policy “should be limited and, ultimately, the federal Department of Education should be eliminated.” The plan scales back the federal government’s role in education policy and devolves the functions that remain to other agencies.

Aside from eliminating the department, the project also proposes scrapping the Biden administration’s Title IX revision, which prohibits discrimination based on sexual orientation and gender identity. It also would let states opt out of federal education programs and calls for passing a federal parents’ bill of rights similar to ones passed in some Republican-led state legislatures.

Republicans, including Trump, have pledged to close the department, which gained its status in 1979 within Democratic President Jimmy Carter’s presidential Cabinet.

In one of his Agenda 47 policy videos, Trump promised to close the department and “to send all education work and needs back to the states.” Eliminating the department would have to go through Congress.

What Project 2025, Trump would do on overtime pay

In the graphic, the Harris campaign says Project 2025 allows “employers to stop paying workers for overtime work.”

The plan doesn’t call for banning overtime wages. It recommends changes to some Occupational Safety and Health Administration, or OSHA, regulations and to overtime rules. Some changes, if enacted, could result in some people losing overtime protections, experts told us.

The document proposes that the Labor Department maintain an overtime threshold “that does not punish businesses in lower-cost regions (e.g., the southeast United States).” This threshold is the amount of money executive, administrative or professional employees need to make for an employer to exempt them from overtime pay under the Fair Labor Standards Act.

In 2019, the Trump’s administration finalized a rule that expanded overtime pay eligibility to most salaried workers earning less than about $35,568, which it said made about 1.3 million more workers eligible for overtime pay. The Trump-era threshold is high enough to cover most line workers in lower-cost regions, Project 2025 said.

The Biden administration raised that threshold to $43,888 beginning July 1, and that will rise to $58,656 on Jan. 1, 2025. That would grant overtime eligibility to about 4 million workers, the Labor Department said.

It’s unclear how many workers Project 2025’s proposal to return to the Trump-era overtime threshold in some parts of the country would affect, but experts said some would presumably lose the right to overtime wages.

Other overtime proposals in Project 2025’s plan include allowing some workers to choose to accumulate paid time off instead of overtime pay, or to work more hours in one week and fewer in the next, rather than receive overtime.

Trump’s past with overtime pay is complicated. In 2016, the Obama administration said it would raise the overtime to salaried workers earning less than $47,476 a year, about double the exemption level set in 2004 of $23,660 a year.

But when a judge blocked the Obama rule, the Trump administration didn’t challenge the court ruling. Instead it set its own overtime threshold, which raised the amount, but by less than Obama.

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