Bufford Defining the Rule of Law

countries. Where a judicial decision is for sale, justice cannot be provided. Furthermore, a
country that tolerates judicial bribery will typically not thrive economically, because
bribery bleeds assets from the economy, and both domestic and foreign investors may
refuse to make investments in the country. 80
3. Enforcement of Judgments
One of the most important shortcomings in the laws of developing countries is the
lack of effective procedures to enforce judicial orders. 78 The lack of effective
enforcement procedures leads to a general disrespect for the laws and legal institutions,
including courts and judges. It is vitally important that legal judgments be enforceable,
and that those who lose in the courts be required to comply with court orders.
V. Conclusion
As stated at the outset of this article, the rule of law serves as the bedrock for building a
structure of ordered liberty and progress in civil society. In this context, the rule of law
provides a structure for the realization and protection of human rights and other civil,
political, economic and social rights; it provides a structure for sound economic
development; it provides for the fair and equal treatment of everyone under the law and
the protection of procedural rights in both criminal and civil law contexts; and it ensures
that institutions in the various branches of government will carry out their legislative,
executive, or judicial functions effectively.
The rule of law does not create a civil society. However, it provides a structure for
the realization of a civil society where human efforts can bear fruit, where individuals can
80 See Tatyana Khavanska, Corruption and the Ukrainian Economy, COMMERCE MAGAZINE, March 2007,
at 14 (“Corruption distorts economic decision-making and deters investment, undermines competitiveness
and,ultimately weakens economic growth.”).
78 See Fundamental Freedoms, supra note 12, art. 46.
19