Immigration is a major global concern for citizens. This article explores whether widespread political focus on immigration affects judicial decisions within Switzerland's asylum appeals system.
Drawing on all 196 asylum appeal rulings between 2007 and 2015, we find that higher salience of the asylum topic significantly influenced judges' outcomes in similar cases.
* Key Finding: Salient issues can influence judicial impartiality.
* Higher issue salience predicted less favorable outcomes for otherwise similar asylum appeals.
This effect was robust:
* It wasn't limited to judges from anti-immigrant parties.
* It appeared unlikely driven by accountability pressures.
* The strongest impact occurred when cases touched upon topics fueling public anti-immigrant sentiment.
These findings raise concerns about the potential erosion of judicial consistency when legal decisions intersect with highly politicized issues. Real-World Significance: This highlights practical tensions between maintaining institutional impartiality and navigating salient, often divisive political topics.
| When Issue Salience Affects Adjudication: Evidence from Swiss Asylum Appeal Decisions was authored by Judith Spirig. It was published by Wiley in AJPS in 2023. |
