Constitutional courts and citizens’ perceptions of judicial systems in Europe
Rosa M. Navarrete, Pablo José Castillo Ortiz
Comparative European Politics · January 2019
Publication year: 2019
Abstract
In recent decades, constitutional courts have become essential institutions in the political systems of many European countries. At the legal level, constitutional courts are designed as organs intended to protect and enforce the normative constitution. At the political level, they are also expected to play a role in the protection of democratic systems of government and human rights. However, the stability of a democracy does not only depend on efficient institutional designs, but also on acceptable levels of public support for democratic institutions. Using data from the European Social Survey, this article shows that constitutional courts have negative effects on public views of the court system in at least two dimensions: perceptions of judicial independence and perceptions of judicial fairness. These effects, however, decrease with the age of the democratic system. Given the core role that diffuse support for the judiciary plays in the stability of the rule of law in a country, our findings suggest that, paradoxically, constitutional courts might have detrimental effects to the very goal that justifies their existence: the protection of democratic systems of government.