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IBA Rule of Law Forum
Rule of Law Backsliding Survey

SURVEY 2025

As the Rule of Law is increasingly facing threats, and there is active erosion and backsliding of the Rule of Law globally, the IBA Rule of Law Forum is supporting a research project to study the role of the legal profession in resisting Rule of Law backsliding. As part of this research project with the Bingham Centre for Rule of Law and professors Kröger and Uitz, we are conducting this short survey. This survey is to understand how members of the legal profession perceive and experience rule of law and rule of law backsliding in their respective countries. The survey is open to all legal professionals worldwide. It has 12 questions, which we estimate will take you about 5-8 minutes to complete. Your responses will be anonymous, and will form the basis for this critical research of global importance.

If you have any questions in relation to this survey and / or the research, please contact Tahera Mandviwala at tahera.mandviwala@tdt-legal.com.
Demographics

1. Which country are you currently practising in?(Required.)
2. How are you currently practising?(Required.)
3. How many years have you been in practice?(Required.)
4. What are the areas of law you practice in or are involved in?(Required.)
Importance of the rule of law elements and their implementation

5. How important do you consider the following elements for the rule of law, and how well are these elements implemented in your country?

Rate on a scale of 0 to 10

0 indicates not at all important and 10 indicates extremely important(Required.)
Rate it's importance for Rule of Law
Rate how well they are implemented in your country
A. Legal certainty
B. A transparent, accountable and democratic process for enacting the law
C. Prohibition of arbitrariness in the exercise of public power
D. Access to justice before independent and impartial courts
E. Respect for human rights
F. Non-discrimination and equality before the law
The status of Judicial independence

6. To what degree do you agree/disagree with the following statements in relation to your country?(Required.)
Rating
A. There is no inappropriate or unwarranted interference in the judicial process
B. Governmental institutions respect and observe the independence of the judiciary
C. Judiciary is self governed in matters of organisation and management; it is involved in all key decisions affecting its functioning, especially concerning the organisation of courts and procedural laws
D. Everyone has the right to be tried by ordinary courts or tribunals using established legal procedures
E. Judicial proceedings are conducted fairly
F. There is proper allocation of appropriate human, material and financial resources for the judiciary and judicial proceedings
G. People selected for judicial office are individuals of integrity and ability, with appropriate qualifications and training
H. The term of office of the judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement are adequately ensured by law/regulation
I. Judges are free to form and join associations of judges or other organizations to represent their interests, promote their professional training and protect their judicial independence
J. Judges are subject to suspension or removal only for reasons of incapacity or behaviour that renders them unfit to discharge their duties
K. Disciplinary proceedings against judges take place before an independent body and are subject to an adequate judicial review or court appeal
L. The media report in a balanced way about the judiciary
M. The media does not exert undue influence on the judiciary
Judicial Independence - Threats and Safeguards

7. Judicial independence means that judges must be free from external interference in the discharge of their duties, in particular from the executive and legislative branches of government. Do you consider the following to be a threat or a safeguard for the judicial independence in your country?(Required.)
Threat or safeguard
A. Constitutional reforms (i.e. changes to the constitution)
B. Changes to national / local law
C. Funding of the judiciary
D. Salaries of the judges
E. Government actors / authorities
F. Political parties
G. Domestic NGOs / Voluntary associations
H. Bar Association / Bar Council / Law Society (other regulators of the legal profession)
I. Media
J. Foreign Governments
K. International laws
L. International courts
M. Other international institutions (e.g. European Commission, Venice Commission, UN Special Rapporteur on the independence of judges and lawyers)
N. International NGOs / Voluntary associations
Impartiality of the Judiciary

8. Judicial impartiality means that judges must avoid any course of conduct or action, in or out of court, that could reasonably give rise to a perception of bias. To what degree do you agree/disagree with the following statements in relation to your country?(Required.)
Rating
A. Overall, the judiciary in my country is impartial
B. I have personally witnessed / encountered judicial bias
C. Persons who have concerns about the impartiality of a judge in their case have adequate procedures to raise their concerns
9. Do you believe any of the following affect the impartiality of the judges in your country?(Required.)
Judicial accountability

10.What according to you are elements of judicial accountability?(Required.)
11. To what extent do you agree/disagree with the following?(Required.)
Rating
A. Judicial accountability is important for the rule of law
B. Judicial accountability is compatible with judicial independence
C. Judicial accountability is compatible with judicial impartiality
Country specific rule of law issues

12.Please indicate in bullet points or a few sentences / words the worst development in your country in relation to the rule of law in the last few years?
The results of this survey are anonymous and will be kept according to the data protection and anonymity requirements of GDPR legislation. Do you grant consent for your answers to be included in research on rule of law by IBA Rule of Law Forum and it's academic partners?(Required.)