Institutions for Conflict Resolution (COI)

Too controversial for the court?

How politically sensitive cases affect public trust in judges

This 2-year interdisciplinary research project is conducted in the context of a seed money grant provided by the Kurt Lewin Institute. It concerns the relationship between politically sensitive cases, the presentation thereof in the media (for example portraying judges as ‘activistic’), and public trust in judges.

Judges are increasingly asked to rule in cases that are politically sensitive, such as the climate cases of Urgenda and Shell or the Covid-19 cases about the curfew and lockdown. This trend may affect citizens’ trust in legal authorities, while trust is required for effective administration of justice in politically sensitive cases. Over the past years, legal scholars have suggested that there is a negative relation between politically sensitive cases and trust in the judge. However, this relation has never been empirically investigated before.

The researchers, who are PhD candidates from the law and social psychology departments from Leiden University and Utrecht University, will conduct mainly empirical research into the questions which cases people find politically sensitive and how different presentations of these cases in the media affects their trust in judges. The research will be carried out among Dutch citizens. The research also aims to contribute to legal discussions about the meaning and impact of politically sensitive cases.