Corruption and the Rule of Law

Summary

The “Rule of Law” is fundamental for a stable democracy, social justice, and domestic tranquility. Definitionally, the Rule of Law is a principle under which all persons, institutions, and entities are accountable to laws that are: publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights principles. Protecting the Rule of Law requires social agreement on the supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in the decision-making process, legal certainty, avoidance of arbitrariness, and procedural and legal transparency. Recently, the rise of authoritarian governments, oligarchs, and mega corporations, has necessitated that we distinguish between “Rule of law” and “Rule by law.” As Professor Fukuyama points out, “Rule of Law” is when the executive is constrained by the same laws that apply to everyone else; whereas “Rule by Law” refers to the executive use of law and bureaucracy as an instrument of power. Corruption of the rule of law requires vigilance by individuals, by groups outside the public sector (such as civil society), by non-governmental organizations, and by community-based organizations. UNISHKA’s niche in strengthening the Rule of Law focuses on systems integrity and counter-corruption.

UNISHKA Talent

Janette Ryan

SME – Corruption in the Rule of Law

Janette Ryan is UNISHKA’s subject matter expert on corruption in the rule of law. Janette has almost two decades of experience in the rule of law sector including six years in Afghanistan—three years as Chief of Party for the Justice Training Transition Program (JTTP) and an additional three years as Head of the Rule of Law Reform Component for EUPOL. Janette also served two years as Legal Advisor for Equality and Non-Discrimination with OSCE in Bosnia and Herzegovina (BiH); and Head of Programs for the Danish Refugee Council for the Russian Republics of Ingushetia, Chechnya, North Ossetia, and Dagestan. In Kosovo, Janette led the Civilian Emergency Response Team for UNMIK and directed case field team investigations. She has served time working with both European and Canadian governments in areas of aid development and policy, elections management, legislative development and privacy. Most recently, Janette served as Deputy Director for the OSCE Special Monitoring Mission to Ukraine, supporting advancement of dialogue among conflict parties.

Janette has earned two master’s degrees: a Master in Law from Simon Fraser University in Vancouver, Canada, and a Master of Arts in Conflict & Development Studies from the European University Centre for Peace & Conflict Studies in Castellon, Spain. Janette was awarded a Professional Diploma in Law from University College Dublin and a Bachelor of Arts with Honors in Political Science from Concordia University in Montreal

Terry Hoverter

SME – Elections

Terry Hoverter is UNISHKA’s subject matter expert on elections. Terry has almost 20 years’ experience in elections and public international law including tours in more than 25 countries and nearly all modern conflict zones. Terry’s expertise includes election monitoring, elections malpractice, constitution drafting, legislation drafting, and policy development. He currently directs rule of law programs and provides legal advice on constitutional processes for Creative Associates’ Electoral Education and Integrity practice area. He has also researched and written on comparative issues and best practices related to electoral reform and constitutional processes. His previous experience includes Senior Associate with Democracy International; Election Field Advisor for USAID; Chief of Party for PILPG; Legal Advisor for UNDP, and Senior Program Manager for NDI.

Terry holds a JD from American University, an MA in International Affairs from George Washington University, and a BA from Fordham University. Terry is a member of the bar in New Jersey and the District of Columbia.

Illustrative Project Experience

Coming soon.