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Second-Order Evaluations of the European Court of Human Rights

Published online by Cambridge University Press:  21 October 2022

Linda Camp Keith ,
Banks Miller  and
Rachel McGuire
Linda Camp Keith*
Affiliation:
University of Texas at Dallas
Banks Miller
Affiliation:
University of Texas at Dallas
*
Contact the corresponding author, Linda Keith, at linda.keith@utdallas.edu.
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Abstract

Scholars have found that citizens tend to evaluate European institutions in light of how they feel about their own domestic institutions (second-order evaluations). We argue that this approach is more appropriate for understanding international courts than is the legitimacy approach of the law and courts literature. While studies applying the second-order evaluations approach have overwhelmingly focused on EU institutions, here we seek to determine whether second-order evaluations are also characteristic of citizens’ opinions about the European Court of Human Rights. We evaluate our hypotheses using a sample of the British population and find strong support for the general second-order evaluation.

Type
Research Article
Information
Journal of Law and Courts , Volume 3 , Issue 1 , Spring 2015 , pp. 67 - 93
Copyright
© 2015 by Law and Courts Organized Section of the American Political Science Association. All rights reserved.

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Footnotes

We would like to thank the anonymous referees and David Klein for their help in improving our work. A previous version of this manuscript was presented at the Southern Political Science Association Conference, where we also received valuable feedback. Finally, we would like to thank Harold Clarke, who generously made room on the British Election Study available to us.

References

Almond, Gabriel A., and Sidney Verba. 1963. The Civic Culture. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
Anderson, Christopher J. 1998. “When in Doubt, Use Proxies: Attitudes toward Domestic Politics and Support for European Integration.” Comparative Political Studies 31 (5): 569–601.Google Scholar
Ansolabehere, Stephen, and Schaffner, Brian F.. 2011. “Re-examining the Validity of Different Survey Modes for Measuring Public Opinion in the U.S.: Findings from a 2010 Multi-mode Comparison.” Paper presented at the American Association for Public Opinion Research annual conference, Phoenix, May 12–15.Google Scholar
Baird, Vanessa A. 2001. “Building Institutional Legitimacy: The Role of Procedural Justice.” Political Research Quarterly 54:333–54.Google Scholar
Bennett, Stephen Earl. 1996. “‘Know-Nothings’ Revisited Again.” Political Behavior 18 (3): 219–33.CrossRefGoogle Scholar
Bickel, Alexander M. 1962. The Least Dangerous Branch: The Supreme Court at the Bar of Politics. Indianapolis: Bobbs-Merrill.Google Scholar
Bowcott, Owen. 2012. “UK Seizes Its Moment to Reform European Court of Human Rights.” Guardian, January 24. http://www.theguardian.com/law/2012/jan/24/uk-european-court-human-rights.Google Scholar
Cah, Basak, Anne Koch, and Nicola Bruch. 2011. “The Legitimacy of the European Court of Human Rights: The View from the Ground.” Unpublished manuscript, University College London. http://ecthrproject.files.wordpress.com/2011/04/ecthrlegitimacyreport.pdf.Google Scholar
Caldeira, Gregory A. 1986. “Neither the Purse Nor the Sword: Dynamics of Public Confidence in the U.S. Supreme Court.” American Political Science Review 80:1209–26.CrossRefGoogle Scholar
Caldeira, Gregory A., and Gibson, James L.. 1995. “The Legitimacy of the Court of Justice in the European Union: Models of Institutional Support.” American Political Science Review 89:356–76.Google Scholar
Christin, Thomas. 2005. “Economic and Political Basis of Attitudes towards the EU in Central and East European Countries in the 1990s.” European Union Politics 6 (1): 29–57.CrossRefGoogle Scholar
Christoffersen, Jonas, and Mikael Rask Madsen. 2013. “Postscript: Understanding the Past, Present and Future of the European Court of Human Rights.” In The European Court of Human Rights between Law and Politics, ed. Jonas Christoffersen and Mikael Rask Madsen. Oxford: Oxford University Press.Google Scholar
Desmet, Pieterjan, Joost van Spanje, and Claes de Vreese. 2012. “‘Second-Order’ Institutions: National Institutional Quality as a Yardstick for EU Evaluation.” Journal of European Public Policy 19 (7): 1071–88.CrossRefGoogle Scholar
Donald, Alice, Jane Gordon, and Philip Leach. 2012. The UK and the European Court of Human Rights. Equality and Human Rights Commission Research Report 83. London: Metropolitan University, Human Rights and Social Justice Research Institute.Google Scholar
Easton, David. 1965. A Systems Analysis of Political Life. New York: Wiley.Google Scholar
Eichenberg, Richard C., and Dalton, Russell J.. 1993. “Europeans and the European Community: The Dynamics of Public Support for European Integration.” International Organization 47 (4): 507–34.Google Scholar
Gabel, Matthew. 1998a. “Economic Integration and Mass Politics: Market Liberalization and Public Attitudes in the European Union.” American Journal of Political Science 42 (3): 936–53.CrossRefGoogle Scholar
Gabel, Matthew. 1998b. “Public Support for European Integration: An Empirical Test of Five Theories.” Journal of Politics 60 (2): 333–54.CrossRefGoogle Scholar
Gibson, James L. 1989. “Understandings of Justice: Institutional Legitimacy, Procedural Justice, and Political Tolerance.” Law and Society Review 23 (3): 469–96.CrossRefGoogle Scholar
Gibson, James L., and Baird, Vanessa A.. 1997. “The Legitimacy of the United States Supreme Court: A Conceptual and Empirical Analysis.” In Perspectives on American and Texas Politics, 5th ed., ed. Lutz, Donald S., Tedin, Kent L., and Fuchs, Edward P., 89–113. Dubuque, IA: Kendall/Hunt.Google Scholar
Gibson, James L., and Caldeira, Gregory A.. 1992. “Blacks and the United States Supreme Court: Models of Diffuse Support.” Journal of Politics 54:1120–45.CrossRefGoogle Scholar
Gibson, James L. 1995. “The Legitimacy of Transnational Legal Institutions: Compliance, Support and the European Court of Justice.” American Journal of Political Science 39 (May): 459–89.CrossRefGoogle Scholar
Gibson, James L. 2011. “Has Legal Realism Damaged the Legitimacy of the U.S. Supreme Court?” Law and Society Review 45:195–219.Google Scholar
Gibson, James L., Caldeira, Gregory A., and Vanessa Baird. 1998. “On the Legitimacy of National High Courts.” American Political Science Review 92 (June): 343–58.CrossRefGoogle Scholar
Helfer, Laurence R. 2012. “The Benefits and Burdens of Brighton.” ESIL Reflections 1 (June).Google Scholar
Hillebrecht, Courtney. 2014. Domestic Politics and International Human Rights Tribunals: The Problem with Compliance. Cambridge: Cambridge University Press.Google Scholar
Hoffman, Lord Leonard. 2011. “Foreword.” In Bringing Rights Back Home: Making Human Rights Compatible with Parliamentary Democracy in the UK, by Michael Pinto-Duschinsky. London: Policy ExchangeGoogle Scholar
Jackson, Donald W. 1997. The United Kingdom Confronts the European Convention on Human Rights. Gainesville: University of Florida Press.Google Scholar
Karp, Jeffrey A., Banducci, Susan A., and Shaun Bowler. 2003. “To Know It Is to Love It? Satisfaction with Democracy in the European Union.” Comparative Political Studies 36:271–92.Google Scholar
Kritzinger, Sylvia. 2003. “The Influence of the Nation-State on Individual Support for the European Union.” European Union Politics 4 (2): 219–41.CrossRefGoogle Scholar
Madsen, Mikael Rask. 2004. “France, the UK and the ‘Boomerang’ of the Internationalisation of Human Rights (1945–2000).” In Human Rights Brought Home: Socio-legal Studies of Human Rights in the National Context, ed. Simon Haliday and Patrick Schmidt. Oxford: Hart.Google Scholar
Meyer, Christoph. 1999. “Political Legitimacy and the Invisibility of Politics: Exploring the European Union’s Communication Deficit.” Journal of Common Market Studies 37 (4): 617–39.CrossRefGoogle Scholar
Mondak, Jeffrey J., and Shannon Ishiyama Smithey. 1997. “The Dynamics of Public Support for the Supreme Court.” Journal of Politics 59 (November): 1114–42.CrossRefGoogle Scholar
Moravcsik, Andrew. 2000. “The Origins of Human Rights Regimes: Democratic Delegations in Postwar Europe.” International Organization 54 (2): 217–52.Google Scholar
Pinto-Duschinsky, Michael. 2011. Bringing Rights Back Home: Making Human Rights Compatible with Parliamentary Democracy in the UK. London: Policy Exchange.Google Scholar
Rohrschneider, Robert. 2002. “The Democracy Deficit and Mass Support for an EU-Wide Government.” American Journal of Political Science 46 (2): 463–75.CrossRefGoogle Scholar
Sánchez-Cuenca, Ignacio. 2000. “The Political Basis of Support for European Integration.” European Union Politics 1:147–71.CrossRefGoogle Scholar
Sanders, David, Clarke, Harold D., Stewart, Marianne C., and Paul Whiteley. 2007. “Does Mode Matter for Modeling Political Choice? Evidence from the 2005 British Election Study.” Political Analysis 15:257–85.CrossRefGoogle Scholar
Schmitt, Hermann. 2005. “The European Parliament Elections of June 2004: Still Second-Order?” West European Politics 28:650–79.CrossRefGoogle Scholar
Slack, James. 2012a. “Hate Preacher to Go ‘Free in Months’: Radical Cleric Cannot Be Deported Say European Human Rights Judges.” Daily Mail, January 18. http://www.dailymail.co.uk/news/article-2087734/Abu-Qatada-deportation-Human-rights-mean-terror-cleric-CANNOT-sent-Jordan.html.Google Scholar
Slack, James. 2012b. “Unelected Euro Judges Are Bringing Terror to the Streets of Britain.” Daily Mail, January 18. http://www.dailymail.co.uk/debate/article-2087831/Abu-Qatada-human-rights-Unelected-euro-judges-bringing-terror-streets-Britain.html.Google Scholar
Stone Sweet, Alec, and Tom Brunell. 2013. “Trustee Courts and the Judicialization of International Regimes: The Politics of Majoritarian Activism in the European Convention on Human Rights, the European Union, and the World Trade Organization.” Journal of Law and Courts 1:61–88.CrossRefGoogle Scholar
Taber, Charles, Jill Glather, and Lodge, Milton G.. 1994. “The Motivated Construction of Political Judgments.” Unpublished manuscript, State University of New York, Stony Brook.Google Scholar
Tyler, Tom R., and Gregory Mitchell. 1994. “Legitimacy and Empowerment of Discretionary Legal Authority: The United States Supreme Court and Abortion Rights.” Duke Law Journal 43 (February): 703–815.CrossRefGoogle ScholarPubMed