Australia’s legal system not in top10 – surveys

Andrew L. Urban

 I suspect that most of our regular readers would scoff at the suggestion that Australia’s legal system is ‘good’ or ‘very good’. The view through the prism of wrongful convictions is less forgiving. But 55% of the 1000 Australians surveyed by the independent research agency, Insightfully, between May 22 and 29, 2025, do think that. Even that figure of 55% seems far too low for comfort in a country whose legal system is expected to be at the forefront on this issue. 

It is a sad indictment of our legal system that we don’t even make the top 10 on this question.

Based on recent data from the World Justice Project (WJP) Rule of Law Index 2024, which evaluates the rule of law across 142 countries using household and expert surveys, the following countries consistently rank at the top for their legal systems, indicating they are perceived as “good,” “very good,” or “excellent” in terms of rule of law, judicial effectiveness, and access to justice.

Here are the top-10 countries:

DenmarkRanked 1st in the WJP Rule of Law Index 2024, scoring highly in civil and criminal justice, absence of corruption, and constraints on government powers. It is frequently cited for its efficient, transparent, and independent judiciary.

NorwayRanked 2nd, noted for strong judicial independence, low corruption, and effective access to justice. Its legal system is perceived as highly reliable and fair.

Finland – Ranked 3rd, with a robust legal framework, high judicial independence, and effective dispute resolution mechanisms. It scores well in accessibility and fairness of the justice system.

Sweden – Ranked 4th, praised for its transparent legal processes, strong anti-corruption measures, and accessible civil justice system.

Germany – Ranked 5th, recognized for its well-developed legal framework, independent judiciary, and effective enforcement of laws.

Luxembourg – Ranked 6th, with a strong emphasis on judicial independence and efficient legal processes, particularly in financial and commercial law.

Netherlands – Ranked 7th, noted for its accessible and impartial legal system, with strong performance in civil justice and regulatory enforcement.

New Zealand – Ranked 8th, highly regarded for its fair and transparent legal system, low corruption, and effective access to justice.

Estonia – Ranked 9th, with a modern, digitized legal system and strong scores in judicial independence and civil justice accessibility.

Ireland – Ranked 10th, recognized for its effective legal framework and fair judicial processes, with good public perception of justice system independence.

Context from Surveys: The WJP Rule of Law Index uses over 214,000 household surveys and 3,500 expert surveys to assess perceptions and experiences of the legal system, focusing on factors like accessibility, impartiality, and efficiency.

Conducted on behalf of the Australian Rule of Law Institute, the Insightful survey was not tasked to gather opinions whether respondents thought the legal system managed wrongful convictions responsibly or effectively. It would be a fascinating survey, although complicated by the fact that there is scant information in the public domain – the public square – on the failures in the system that lead to wrongful convictions – and how poorly they are resolved.

Unfortunately, there isn’t a specific global ranking or survey, including from the World Justice Project (WJP) Rule of Law Index 2024, that exclusively focuses on how legal systems handle wrongful convictions. The WJP Index, while comprehensive, evaluates broader aspects of criminal justice—such as fairness, impartiality, effectiveness, and absence of corruption—without isolating wrongful convictions as a distinct metric.

But the countries in the top 10 list above enjoy legal systems that are likely to be most effective at addressing wrongful convictions, based on their high performance in criminal justice metrics that correlate with preventing and correcting wrongful convictions.

For example, The Danish, Netherlands, New Zealand, UK and Norwegian Criminal Cases Review Commissions handle applications for reopening cases, which can address wrongful convictions and if applicable, refer cases back to the Appeal Courts. Australia lags behind on this, too.

Those surveyed also believe that Australia’s legal system ranks No 1 in treating all individuals equally regardless of background, ahead of Switzerland, New Zealand and Canada.

But the Insightfully survey participants are not as proud of the Australian judiciary; only 54% agree that judges generally decide cases based only on the law and not their personal preferences.

 

 

 

 

 

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