Measuring Trust and Confidence in Courts

Public trust and confidence in the courts and judiciary is a central tenet of the Rule of Law. While there are frequent attempts to measure trust and confidence, these often lack clear definitions of the concepts under investigation, and other methodological shortcomings can also make it difficult to draw conclusions from their findings. In this paper we explore understandings of ‘trust’ and its relationship to ‘confidence’, and examine how trust in courts is measured, focussing on the use of survey methodology and procedural fairness theory. We suggest ways in which the components of procedural fairness may be more fully conceptualised and applied to efforts to explore, more deeply, the factors that promote public confidence in courts. We also identify ways in which the insights gained from this research can be applied in practical ways by the courts to enhance public acceptance of their legitimacy as an essential component of the Rule of Law.