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The Question of Trust in Public Law Perspective

Summary/Abstract: This article explores the multifaceted concept of trust from a public law perspective, emphasizing its fundamental role in underpinning the rule of law, democratic governance, and the legitimacy of public institutions. While legal scholarship often overlooks trust as a primarily sociological or emotional phenomenon, the functioning of a constitutional state fundamentally depends on citizens’ trust in institutions to act responsibly and justly within the legal framework. The article highlights philosophical insights from Onora O’Neill, who stress that trust is indispensable despite the inherent risks of betrayal and the impossibility of absolute guarantees. It is highlighted that trust involves inherent risks and cannot be fully guaranteed by legal or institutional mechanisms alone. In the contemporary era, complex accountability mechanisms—including advanced technologies and stringent regulatory frameworks – aim to safeguard public trust but frequently deepen crises of distrust by fostering a “culture of suspicion” and professional cynicism. The article critiques this paradox and argues for a balanced approach where trust is intelligently distributed based on contextual judgment rather than mechanical controls. Further, the discussion addresses the intricate relationship between trust, human rights, and democracy, underscoring that trust is the foundation upon which democratic rights and institutions rest. It also warns against legal doctrines that reduce human rights to conditional “subjective fundamental rights,” which risks weakening their universal character and practical protection. Finally, the work stresses that sustainable trust emerges from dynamic, responsible interaction between citizens and institutions, grounded in moral maturity and active civic engagement, rather than reliance on perfect legal guarantees or exhaustive accountability systems. This understanding is essential to preserving trust as a vital pillar of the rule of law and just societies.

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