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July 7, 2026Regulation & Governance0 citationsOpen Access

Legal Clarity and the Rule of Law: A Global Experimental Study of Consistency in Administrative Decision‐Making

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JNJoakim NilssonMNMarina Nistotskaya

Key Points

  • This research explores how legal clarity influences the consistency of administrative decisions among officials.
  • Conducted an online survey experiment with nearly 900 current and former government officials across 33 countries.
  • Participants were randomly assigned to adjudicate a building permit application under different legal text conditions: less-clear and clearer.
  • Evaluated the consistency of decisions and the likelihood of errors based on the clarity of legal language.
  • Exposure to reduced legal clarity significantly decreased the consistency in law application.
  • Increased likelihood of legally incorrect decisions was observed in the less-clear legal text group.
  • No systematic steering toward a single dominant error category was evident.

Abstract

ABSTRACT Laws often contain linguistically complex features that increase cognitive processing demands and weaken comprehension. We extend this argument to bureaucratic decision‐making by proposing that reduced legal clarity decreases the consistency of administrative decisions. We test this argument using an online survey experiment with nearly 900 current and former government officials from 33 countries, who were randomly assigned to adjudicate a real administrative case under either a less‐clear or clearer legal text. The case, which involves a building permit application, provides a realistic and broadly comparable context for examining how legal clarity shapes consistency in administrative decision‐making. Exposure to reduced legal clarity significantly decreased the consistency in law application and increased the likelihood of legally incorrect decisions. There is no evidence that reduced legal clarity systematically steers decision‐makers toward a single dominant error category.

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Cite This Study

Nilsson et al. (2026) studied this question.

synapsesocial.com/papers/6a4c9754331bc25c9e5f4472https://doi.org/10.1111/rego.70185
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