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07 August 2026 / Ian McDougall
Issue: 8173 / Categories: Features , Profession , Rule of law , International , Public
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What might court records tell us about the rule of law?

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© Getty images
Ian McDougall explores whether we can measure judicial independence by tracking state wins & losses in court
  • Explains the four-pillar framework used by the LexisNexis Rule of Law Foundation to scrutinise judicial independence.
  • Looks at the World Justice Project’s Rule of Law Index factor of ‘Constraints on government powers’.
  • Considers what percentages of government wins and losses in court can reveal, and how to read the statistics with appropriate caution.
  • Looks at data from the UK, USA and India.

When a government goes to court, whether defending a regulatory decision, prosecuting a criminal, or contesting a citizen’s claim, and loses, what does that mean? A single defeat is obviously unremarkable. A single point of reference usually tells us very little. But a consistent pattern of victories or defeats may be something else entirely. Used carefully, such may offer one of the few quantitative windows into a question that is often answered only in the abstract, namely how well is

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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