Promoting the rule of law in the Commonwealth The rule of law is one of the fundamental values of the Commonwealth. It is an essential protection for the people of the Commonwealth in ensuring limited and accountable governance. An independent, impartial and competent judiciary and an effective, fair and just legal system are integral to upholding the rule of law and engendering public confidence in the dispensation of justice. The rule of law is also central to the 2030 Agenda for Sustainable Development (“the 2030 Agenda”) and its Sustainable Development Goals (SDGs), to which Commonwealth member countries are committed. Following the adoption of the 2030 Agenda the rule of law is recognised as a development end (in SDG Target 16.3), as well as a means to the realisation of other development goals and targets.

Robust rule of law and accountable governance, efficient and responsive public institutions and a fluent access to justice, are at the heart of a well-functioning democracy and good governance. The Commonwealth (Latimer House) Principles are designed to enable fair, efficient, transparent, and responsive government and to guide the three branches of government to fulfil their respective but critical roles in the promotion of the rule of law in a complementary and constructive manner. 

These basic values need to be strengthened in Commonwealth countries, for the rule of law to prevail. Challenges to the rule of law are caused by governments and officials who are not held accountable under the law; laws which are not clear, or well publicised, or are unstable and discriminatory and do not protect fundamental right and delays in access to justice because of an incompetent and unethical judiciary and the lack of capacity of justice sector officials in investigation, prosecution, case management and administration of justice. Many Commonwealth countries are beset with obsolete laws and procedural rules; a blurred separation of powers between the three arms of government; lack of judicial independence; lack of expertise on topical thematic issues; ineffective anti-corruption measures, inefficient or non-existent case management systems resulting in a backlog of cases and delayed trials; inadequate protection for witnesses and support for victims and vulnerable groups in the criminal justice process. These challenges have not only impeded access to justice, judicial independence, parliamentary supremacy and effective implementation of the rule law, but have also frustrated and stultified good governance and economic prosperity of member countries. 

The rule of law and democracy are mutually dependent.  There can be no rule of law without democracy.  There can be no democracy without the rule of law.  Countries in which the rule of law and democracy flourish are likely to be prosperous, stable and able to realise the aspirations of their people.

Effective legal frameworks, for example, increase efficiency in justice delivery and can, in the economic sphere, increase clarity, certainty and the predictability of business transactions, or balance investment incentives. This, in turn, promotes increased confidence in investment and business, and generates and enabling environment for economic growth.

Legal frameworks by themselves, however, are insufficient.
Laws cannot lead to real change if they are not known and applied in practice. If legal frameworks are to support sustainable development, investment in institutions such as court systems, commercial dispute resolution mechanisms, justice and security institutions, the capacity of individuals to understand and consistently and fairly apply the law is required.
	In order to function effectively and fairly, such systems must themselves sit within a wider governance framework that reflects the separation of powers as expressed in the Commonwealth (Latimer House) Principles.