The Impact of Judicial Constraints on Government Powers as a Sub-Factor on the Rule of Law: A Study of the World Justice Project Index, 2023

Eltayeib Hussein Mahmoud Sharaf Addin

https://doi.org/10.62271/pjc.16.4.1127.1140

Abstract

The study investigated the impact of judicial constraints on government powers (JCGP) as a sub-factor of constraints on government powers on the rule of Law (RL) of the World Justice Project Rule of Law Index 2023, focusing on a sample of 142 countries. Using the regression model approach, we first assessed the impact of JCGP on RL based on the most recent cross-section data of 2023. The results indicated a significant positive effect of JCGP on the RL. Moreover, to capture the evolution of this relationship, the analysis was extended across the period from 2013 to 2023, revealing a strengthening impact over time. Additionally, we conducted a comparative analysis between developed and developing countries and the socio-economic conditions that shape the investigated effects differently. The results indicated that developed countries benefit from more robust institutional frameworks while developing countries face challenges that may limit the effectiveness of JCGP in enhancing RL.  Policy implications emphasize the need for targeted strategies to strengthen judicial independence and government accountability. The novelty and originality of this study lie in exploring and improving literature concerning the impact of judicial constraints on government powers on the rule of law.

Keywords: Judicial, constraints, government, powers, rule, law, world justice project