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Confidence in the judiciary: Comparing the independence and legitimacy of judicial systems


Bühlmann, M; Kunz, R (2011). Confidence in the judiciary: Comparing the independence and legitimacy of judicial systems. West European Politics, 34(2):317-345.

Abstract

This contribution investigates the determinants of judicial confidence. It argues that this is the decisive source of legitimacy for the third branch. Fairness and impartiality, i.e. the independence of the judiciary, are paramount in fostering citizens' confidence in the justice system. Through several multilevel analyses, the study tests whether judicial independence promotes the development of an individual's confidence in the justice system. The results show that judicial independence has a positive impact on the development of individual trust. However, public beliefs about the trustworthiness of judicial institutions do not seem to originate from constitutional rules (de jure independence) but from actual events and real life experiences (de facto independence).

This contribution investigates the determinants of judicial confidence. It argues that this is the decisive source of legitimacy for the third branch. Fairness and impartiality, i.e. the independence of the judiciary, are paramount in fostering citizens' confidence in the justice system. Through several multilevel analyses, the study tests whether judicial independence promotes the development of an individual's confidence in the justice system. The results show that judicial independence has a positive impact on the development of individual trust. However, public beliefs about the trustworthiness of judicial institutions do not seem to originate from constitutional rules (de jure independence) but from actual events and real life experiences (de facto independence).

Citations

8 citations in Web of Science®
8 citations in Scopus®
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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:06 Faculty of Arts > Institute of Political Science
Dewey Decimal Classification:320 Political science
Language:English
Date:2011
Deposited On:23 Jan 2012 15:36
Last Modified:05 Apr 2016 15:17
Publisher:Taylor & Francis
ISSN:0140-2382
Publisher DOI:https://doi.org/10.1080/01402382.2011.546576
Related URLs:http://www.zora.uzh.ch/53632/

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