Organizing consent: The role of procedural fairness in political trust and compliance

Abstract.  Political theory often attributes democratic legitimacy to the fairness of the processes by which collective decisions are taken; empirical research by contrast has primarily investigated whether citizens' approval of democratic institutions derives from satisfaction with the substantive output of those institutions. This article examines whether assessments of decision-making processes shape public willingness to consent to authority. The role of procedural fairness in institutional legitimacy has previously only been investigated in the context of the United States, and has fallen short of demonstrating that procedural assessments actually have a causal effect on institutional legitimacy. Panel survey data of attitudes in a large-scale land use issue provide the empirical base of the analysis. The results indicate that assessments of procedural fairness have a bearing on two conceptualizations of subjective legitimacy: respondents' trust for the authority and their willingness to accept a decision outcome.     

Pathways to Institutional Legitimacy in Postconflict Societies: Perceptions of Process and Performance in Nepal

Rebuilding institutional legitimacy is considered essential for stability in postconflict societies, yet the factors that influence citizen perceptions of legitimacy in this context remain underresearched. In this article, we examine citizen evaluations of government legitimacy in terms of instrumental antecedents (service delivery, distributive justice) and procedural antecedents (procedural justice, voice), using data collected in the context of a nationwide study of postconflict governance in Nepal. We find that procedural justice is more strongly associated with citizen perceptions of institutional legitimacy than instrumental outcomes such as service delivery, distributive justice, and outcome favorability. Results indicate that the relationship between service delivery and legitimacy is not as simple as previously assumed. We conclude that procedural justice is crucial for building perceptions of government legitimacy in postconflict societies and discuss implications for policy and practice relating to postconflict governance and institutional trust building.     

Participatory innovations and maxi-publics: The influence of participation possibilities on perceived legitimacy at the local level in Finland

Participatory innovations (PIs) have been introduced as one possible cure to democratic malaises. Empirical research on these mechanisms for citizen participation has, however, focused on their effects on individuals and policy outcomes, leaving aside their consequences for the wider public. This article fills part of the gap by examining the effect of PIs on perceived legitimacy. The article acknowledges that citizens value not only outcomes but also the inclusiveness of decision-making processes, and defines procedural fairness and outcome satisfaction as the key evaluative criteria behind perceived legitimacy. Both total number and type of PIs are considered as possible factors shaping legitimacy evaluations. By analysing data from 9,022 citizens in 30 Finnish municipalities, the article reveals that introducing PIs is not a simple fix for legitimacy of local governments. The type of participation matters, with discursive participation generating the strongest effects on procedural fairness. However, attention should also be paid to citizens’ awareness of participation possibilities.     

Democratic Performance of Parties and Legitimacy in Europe

This article analyses the development of legitimacy across 20 European democracies (1990–2010). The claim is that the democratic performance of parties affects levels of legitimacy. A conceptual and empirical discussion is presented to establish this relationship. Democratic performance is characterised by trusting parties to be responsive to the electorate and responsible in government. Legitimacy is defined as a composite measure representing satisfaction with parties, compliance with the rule of law as well as voter turnout and willingness to protest. The responsiveness of parties appears less representative on public concerns and governmental responsibility appears closer to party interests than to the general interest. Hence, a ‘democratic deficit’ seems to have emerged across Europe, manifested by more electoral volatility, new parties and alternation in government and lower survival rates of governments. This negatively affects trust in parties, parliament and government efficacy. Hence, party behaviour has not strongly contributed to political legitimacy since the 1990s.     

How Nation States 'Hit' Europe: Ambiguity and Representation in the European Union

This article analyses how differences in domestic institutional constellations shape the representational roles of member state officials when attending the EU Council of Ministers. The conceptual framework used draws on theories of political representation, institutional theories and the Europeanisation literature. Our primary argument is that role perceptions are considerably conditioned by actors' domestic institutional embeddedness. Comparing Belgian and Swedish officials attending working groups within the Council of Ministers substantiates this argument. Belgian officials are more supranationally oriented than their Swedish counterparts. This difference is related to varying levels of vertical and horizontal specialisation, federalism, competition among veto-players, the role of the Foreign Ministry, and the level of trust in domestic government compared to the level of trust in the EU.     

UN Peace Operations and Conflicting Legitimacies

ABSTRACT

Analyses of United Nations (UN) peacekeeping increasingly consider legitimacy a key factor for success, conceiving of it as a resource that operations should seek and use in the pursuit of their goals. However, these analyses rarely break down legitimacy by source. Because the UN is an organization with multiple identities and duties however, different legitimacy sources – in particular output and procedural legitimacy – and the UN’s corresponding legitimation practices come into conflict in the context of peacekeeping. Drawing on a range of examples and the specific case of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), this article argues that looking at different legitimacy sources and linking them to the institutional identity of the UN is thus critical, and it shows how the UN’s contradictory legitimation practices can reduce overall legitimacy perceptions.     

Can Rights-Based Approaches Enhance Levels of Legitimacy and Cooperation in Conservation? A Relational Account

Rights-based approaches (RBAs) are increasingly gaining favour among practitioners in the field of natural resource conservation and management. RBAs are a non-binding operational framework through which conservation actors can integrate human rights standards and principles into the design, planning, implementation, monitoring, and evaluation of projects and programmes. In addition to promoting the human rights of local populations, it is also argued that RBAs may hold benefits for conservation initiatives. This article draws on existing research on the social psychology of procedural fairness to develop a relational account of how and whether RBAs may enhance levels of legitimacy and cooperation in conservation. This relational account stresses the importance of fair experiences for generating positive feelings of legitimacy and associated cooperative behaviour among individuals interacting with organisations or authorities. On the whole, this article suggests that if RBAs can ensure respect for the human rights of local populations, they have the potential to engender fair experiences and related positive institutional effects, thereby significantly strengthening the overall effectiveness of conservation initiatives.     

Transnational Partnerships: Conditions for Successful Service Provision in Areas of Limited Statehood

Transnational public–private partnerships (PPPs) are external governance actors in the field of development cooperation and vary in composition, potentially including nonprofit and for‐profit organizations, state and public agencies, and intergovernmental organizations. This article analyzes the conditions under which PPPs have been successful in providing access to basic services (water, sanitation, and food) in areas of limited statehood in Bangladesh, India, and Kenya. We focus on 10 projects carried out by two PPPs that differ in two key respects: legitimacy and institutional design. We show that partnerships with high empirical legitimacy and an appropriate institutional design are best able to fulfill complex tasks in contexts of limited statehood. A participatory approach can promote legitimacy and thus success; projects that lack legitimacy are prone to failure. Additionally, a project's institutional design must address problems that commonly affect areas of limited statehood: It should provide access to resources for capacity development, ensure adequate monitoring, and be tailored to local needs.     

Trust Matters: Enhancing Government Legitimacy through Participatory Budgeting

Legitimacy is a problem of contemporary governance. Communities lack trust in elected officials—in their effectiveness, fairness, and representation of the public interest. Participatory budgeting (PB)—a set of democratic processes where residents determine how to spend a public budget—helps bridge that distance by letting the public make spending decisions. Since 2011, some of New York City’s (NYC) council members have been implementing PB with their capital budget—setting aside a million dollars in their districts each budget cycle for PB. Participatory budgeting has the potential to rebuild relationships between government and communities. Using data from over eighty interviews conducted by New York University (NYU) graduate students in 2013 and 2014 with PBNYC participants over two years, this article suggests that in council districts using PB, residents have greater feelings of access to and voice in local government, and better understanding of the complexities of spending public monies, often leading to a more positive view of government officials, and bolstering legitimacy of local government.     

Public-Private Partnerships als Gegenstand der (Politik-)Wissenschaft

The article reviews the state of research on public-private partnerships (PPP) which, following a development in the Anglo-Saxon countries, in the past few years have been introduced as a policy tool in Germany as well. Based on a short conceptual and historical introduction, recent political science publications as well as contributions from economic, legal, and administrative scientists are systematized and critically assessed. This also includes a review of selected publications on PPP experiences in Britain. Finally, the paper discusses relatively neglected research issues, including methodological deficits as well as problems of input legitimacy.     

Which decision‐making arrangements generate the strongest legitimacy beliefs? Evidence from a randomised field experiment

How can democracies satisfy citizens' demands for legitimate decision making? This article reports findings from a randomised field experiment designed to mimic decision making in large‐scale democracies. Natural collectives of individuals with a shared history and future (high school classes) were studied. They were asked to make a decision about how to spend a sum of money under arrangements imposed by the researchers and distributed randomly across classes. Within this setting, empirical support for three ideas about legitimacy enhancing decision‐making arrangements is tested: participatory constitution‐making; personal involvement in the decision‐making process; and fairness in the implementation of arrangements. Throughout the analyses it was found that personal involvement is the main factor generating legitimacy beliefs.     

Consultants, depoliticization and arena-shifting in the policy process: privatizing water in Berlin

This paper examines the effects of the growing presence of management consultants in policy processes. In particular, it addresses the key concern that consultants employed by governments often operate in new institutional arrangements not subject to the formal rules of political systems. Their activities, often secretive, are seen to undermine the democratic legitimacy of political decision-making. Despite the significance of these concerns there is still a lack of conceptual and empirical research on these topics. Addressing this gap, the paper first seeks to begin a more conceptual discussion about the role of consultants and “governance”. Turning to the literature on depoliticization in public policy, and following Flinders and Buller (Br Polit 1(3):293–318, 2006), it is argued that the hiring of consultants should be seen not as a move from political to apparently neutral, expert forms of policy-making, but as a shift in the arena of political decision-making. Such shifts can contribute to the emergence of what Hajer (Policy Sci 36(2):175–195, 2003a) calls the “institutional voids” of governance: the emergence of ad hoc political spaces in which the rules and outcomes of policy-making are unclear. It is argued that these ad hoc spaces may work to undermine the traditional institutions of political systems without providing an alternative form of democratic legitimacy. The paper examines these issues with reference to a case study of consultants working for the Berlin government on the privatization of the Berlin Water Company in 1999. It concludes by reflecting on the usefulness of the arena-shifting notion and outlining areas for future research.     

The Mediating Effect of Trust in Supervisors in the Relationship between Constructive Performance Feedback and Perceived Fairness of Performance Appraisal

Abstract

This research addressed two main research questions: (1) Is constructive performance feedback positively related to perceived fairness of performance appraisal? (2) Does trust in supervisors mediate the relationship between constructive performance feedback and the perception of a performance appraisal as being fair? Using the 2018 Federal Employee Viewpoint Survey dataset, we employed the structural equation model to analyze the relationship. Findings revealed that constructive performance feedback and trust in supervisors were positively and significantly associated with perceived fairness of performance appraisal. Further, trust in supervisors partially mediated the relationship between constructive performance feedback and perceived fairness of performance appraisal.     

Legitimacy and institutional purpose

ABSTRACT

Institutions undertake a huge variety of constitutive purposes. One of the roles of legitimacy is to protect and promote an institution’s pursuit of its purpose; state legitimacy is generally understood as the right to rule, for example. When considering legitimacy beyond the state, we have to take account of how differences in purposes change legitimacy. I focus in particular on how differences in purpose matter for the stringency of the standards that an institution must meet in order to be legitimate. An important characteristic of an institution’s purpose is its deontic status, i.e. whether it is morally impermissible, merely permissible, or mandatory. Although this matters, it does so in some non-obvious ways; the mere fact of a morally impermissible purpose is not necessarily delegitimating, for example. I also consider the problem of conflicting, multiple, and contested institutional purposes, and the different theoretical roles for institutional purpose. Understanding how differences in purpose matter for an institution’s legitimacy is one part of the broader project of theorizing institutional legitimacy in the many contexts beyond the traditional context of the state.     

Elections as a democratic linkage mechanism: How elections boost political trust in a proportional system

Elections offer a privileged moment in representative democracy, when citizens have the opportunity to express their views, both on the track record of the incumbent government, as on the way the country should be governed in the future. Procedural fairness theory assumes that taking part in a decision making procedure that is perceived to be fair, strengthens the legitimacy of the entire process. Most of the empirical research assumes that the attitudinal effects of elections are mainly due to the fact that one's preferred party wins the elections. In multi-party systems, however, such a clear distinction is not always possible and therefore it is hypothesized that the winner-loser-logic is weaker in this kind of party system. In this study we rely on a unique Belgian panel study to ascertain how electoral participation has an effect on political trust. The results show that in a proportional system all voters rise in political trust following their participation in elections. The winner-loser effect is not significant. Furthermore, the analyses suggest that especially the respondents with the initially lowest trust levels gain most by participating in elections. The theoretical implication of this finding is that apparently elections are still considered to be an important and legitimate linkage mechanism between citizens and the political system.     

Managing Risk and Regulation in European Food Safety Governance

This article focuses on the state of European food safety governance and offers a view on possible future courses of regulatory policymaking. We begin by examining the deficiencies of the current multilevel governance system in European Union (EU) food safety policy, with an empirical focus on Hazard Analysis and Critical Control Point (HACCP) systems. We then submit that a regulatory agency model (centralization) might perform better than multilevel governance or renationalization in terms of reducing business uncertainty, promoting food safety enhancing innovation, and improving consumer trust in the food supply. Hence it would make European food markets more resilient to recurrent food safety crises. We also argue that the EU's precautionary approach as applied to some areas of food safety risks is tied to legitimacy enhancing objectives of EU institutional actors. Assuming that supply‐side rents will change over time, we submit that emphasis of regulatory impact analysis (i.e., cost benefit considerations) is likely to increase.     

The Role of Theory in Experimental Design: Experiments Without Randomization

Some who have written about the logic of experimentation arguethat random assignment of subjects to treatment conditions isan essential attribute of an experiment. Others disagree. Ratherthan treating this as a matter of dueling definitions, we considerexperiments without randomization from a theoretical perspective.Our central contention here is that, for some research questions,theory dictates systematic (not random) assignment of respondentsto experimental conditions. Two such areas of inquiry are researchon political tolerance and on institutional legitimacy. Thisarticle gives cursory attention to the former body of work anddetailed attention to the latter, based on an experiment conductedin a survey in 2001 on the consequences of the American presidentialelection for institutional legitimacy. Because in both instancestheory requires nonrandom assignment, the problem becomes oneof identifying the costs of nonrandomization (threats to internalvalidity) and specifying analytical techniques that might amelioratethose costs. Consequently, we present results from a statisticalapproach that addresses the problem of nonrandomization. Themost important claim of this article is that theory ought tospecify research design, including experimental designs, andthat dogmatic attachment to one definition of experiment willnot serve the discipline of political science.     

Policing alienated minorities in divided cities

Minority groups frequently challenge the legitimacy of legal authorities, particularly the police. Without trust and legitimacy, the police encounter constant conflict and cannot function effectively. While past research has examined minorities’ perceptions of the police, national minorities provide an interesting and under‐investigated test case because of their inherent identity conflict with the state. The current research examines three factors to explain minority–majority disparities in views of the police: (i) police effectiveness and fairness; (ii) intergroup discrimination (termed relative deprivation in policing); and (iii) identification with the state. Findings from a survey of Jewish and Arab residents of nationally mixed neighborhoods in Israel (n = 394) suggest that while all of these factors account for minority–majority discrepancies in views of the police, perceptions of police fairness are particularly important. Furthermore, feelings of discrimination and low levels of identification with the state are less important than evaluations of fairness in explaining minorities’ negative perceptions of the police.     

Liberalism, Democracy and the Ethics of Voting

This article summarises objections to compulsory voting developed in my previous work. It shows that compulsory turnout is harder to justify than compulsory voting and that considerations of democratic legitimacy do not usually justify it either. When abstention is morally wrong, it is unlikely to be because it is unfair to those who voted. So concerns for fairness will not justify compulsory voting. The article shows that democracy is a competitive as well as a co-operative business, and this means that political ethics are more complex than proponents of compulsory voting suppose.     

Politische Institutionen und die Entwicklung generalisierten Vertrauens. Ein internationaler Vergleich

Trust functions as an instrument for establishing long-term and mutually beneficial cooperative relationships. In this paper we investigate the sources of generalized trust. The main focus of the research is the role of the political-institutional context in allowing trust-based relationships to form, controlling for the attributes and motives of individual agents. The central contention of the paper is that political institutions that support norms of fairness, universality, and the division of power contribute to the formation of inter-personal trust. Using data from the World Values Survey we run multi-level models to test for links between differences between the responses of individuals in various countries and the trust-supporting context, in terms of different institutional configurations. Alongside individual resources and attitudes, aspects of social integration and other sociodemographic characteristics, we test for significant effects of contextual factors — such as the influence of formal rule-of-law institutions, social inequality, and the division of power or pluralistic democratic procedures. The study comes to the conclusion that universalistic, impartial and power-sharing institutions increase the prospects for the development of generalized trust.