Programme
13:30 Coffee and tea
13:50 Welcome
14:00 Lecture by David Vitale (University of Warwick) Trust, Courts and Social Rights (Followed by q&a)
15:00-15:20 Coffee break
15:20-16:30 Panel with:
Iris van Domselaar (University of Amsterdam)
Irena Rosenthal (Radboud University)
Maarten Stremler (Maastricht University)
Reinout Wibier (Tilburg University)
Moderation by Ingrid Leijten (Tilburg University)
16:30 Drinks
Tilburg University Campus
Room C.6 Cobbenhagen building
Registration is not required. However, for logistical reasons it is appreciated if you confirm your in advance by sending an e-mail to a.d.w.verwijmeren@tilburguniversity.edu
Context:
In his book “Trust, Courts and Social Rights: A Trust-Based Framework for Social
Rights Enforcement” trust researcher David Vitale addresses the question of how
courts can enforce social rights in a way that can improve political trust.
In order to argue that this can be done properly, he examines how the bonds of trust
function in a state. Not only do citizens have a relational bond with their elected
representatives and administrators, they also have a bond with the judiciary.
All these relational bonds do not operate in isolation from each other and can
influence each other. The different branches of government and how they deal with
issues have an effect on how citizens perceive the other branches. The judicial
branch as a check to the other branches of government can be used in this capacity
to create stronger bonds of justified trust between citizens and government.
Trust is defined in his book as a set of expectations that citizens hold about how the
government handles social rights.
The first expectation that citizens have has to do with the goodwill of the
government. Citizens expect the government to put its goodwill into practice when
making decisions and implementing policies.
The second expectation concerns the competence of the government. For example,
citizens expect that information and evidence are gathered about the best decision
and implementation. The government has a duty to ensure that it has the capacity to
deal competently with matters concerning social rights.
The third expectation concerns a fiduciary responsibility of the government. Citizens
have entrusted the government with the task of distributing resources to promote
social rights. Citizens therefore expect that their interests are given priority when
making decisions about social rights. Corruption and acting out of self-interest
constitutes a breach of trust with regard to these fiduciary responsibilities.
Based on these expectations, Vitale sets up a framework for judicial adjudication of
social rights. When the judiciary holds the government accountable for not
adequately addressing citizens’ expectations, it will give a stimulus for improving
practices that foster trust