Navigating Legitimacy: The Role of Social Movements in Shaping Acceptance of Climate Litigation Judgments

If societies are not prepared for certain progressive court rulings and the resulting political guidelines, a backlash in politics and civil society may occur (Setzer and Vanhala 2019). For this reason, court rulings must be situated within the framework of the generally applicable norms of a society. Courts also maintain their legitimacy and that of the political system by ruling within these socially accepted norms (Vilaça 2024). Social movements can shape social discourses and norms, as well as exert pressure on political processes, thereby significantly influencing public perception and the relevance of certain issues within a population (Rucht 1994; Tarrow 2011). This article explores the extent to which the climate movement can contribute to the acceptance of climate litigation judgments, using the examples of the case Neubauer v. Germany, which received a high level of approval in both politics and civil society, and the case KlimaSeniorinnen v. Switzerland, which faced rejection in both politics and civil society (Blattner 2024). A comparative analysis of the judgments, one decided at the national level and the other at the international level, is conducted regarding the political and social reactions to the judgments and the role of the climate movement in these contexts.