Politicization and the Two Modes of Evaluating Judicial Decisions

Since courts lack control of the purse and the sword, understanding what causes the public to accept court decisions is essential. Using three studies, this paper shows that the public’s perception of the process judges use to make decisions changes the determinants of acceptance. When judges are perceived as using a principled decision-making process, institutional loyalty determines acceptance. When judges are perceived as using a politicized decision-making process, agreement with the policy implications of a decision determines acceptance. These results emphasize the importance of decision-making process perceptions in ensuring that courts can induce voluntary acceptance of their decisions.