Every day, we hear that the Rule of Law is under attack. The institutions that support our democracy are maligned by public figures, elected officials and lawyers. The country's faith in these institutions, including our elections and our civil and criminal justice systems has eroded. How far has that erosion of faith gone? Can it be stopped? What is the role of lawyers in protecting the Rule of Law?

First, what do we mean when we refer to the Rule of Law? The U.S. courts' website defines the Rule of Law as "a principle under which all persons, institutions, and entities are accountable to laws that are:

• Publicly promulgated.
• Equally enforced.
• Independently adjudicated.
• Consistent with international human rights principles.

The World Justice Project (WJP) has created a Rule of Law index, that annually measures adherence to, and promotion of, the Rule of Law in 132 countries, using eight factors and 44 sub-factors. (The United States is ranked 26th on the scale.) The eight over-arching factors are "constraints on government powers, absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice." The sub-factors describe the elements of what each factor must provide to promote the goals of justice. For instance, the sub-factors on which a civil justice system is measured are affordability and accessibility, promptness, freedom from government influence, effective enforcement, available alternative dispute resolutions, and freedom from discrimination and corruption. As the WJP states, the Rule of Law "is the foundation for communities of justice, opportunity, and peace—underpinning development, accountable government, and respect for fundamental rights." The WJP also found that, "for the sixth year in a row, the Rule of Law has declined in most countries." The American Bar Association and the New York City Bar Associations have both created task forces to address threats to American democracy, respectively, the ABA Task Force on American Democracy and the NYCBA Task Force on the Rule of Law. Read more about them here and here.