Can domestic courts erode confidence in international law? Evidence from Hungary

Abstract

This article considers the interaction of the expansion of international law and the rising politicization of domestic institutions. As international legal processes frequently incorporate domestic institutions, how citizens react to the development of international law may become influenced by their perceptions of those institutions. We argue that involving politicized domestic institutions in the international legal decision-making process affects support for rulings through individuals’ perceptions of the domestic judiciary vis-a-vis an international court. Contra our preregistered expectations, a survey experiment fielded in Hungary shows that opposition partisans withdraw support for a European Union law decision when it is issued by a Hungarian court rather than directly by the European Court of Justice, while the involvement of a national court does not increase support for European Union law among government supporters. Further exploratory analyses of government supporters suggest that court decisions are broadly unlikely to move these individuals’ attitudes toward international law.