Do protests matter for court decisions? Environmental justice and social movements in Sweden, 2012-2023

• In Event: 30807 - The Consequences of Collective Action

Abstract

In democratic systems, courts are important sites of contestation between interest groups. Legal mobilization – using legal cases to expand rights for collective groups – is one of many tactics social movements can use to facilitate social change. Movement mobilization outside the courtroom may also affect legal outcomes by evoking broader public attention to the issue at stake or threatening the institutional legitimacy of the courts. Yet, we know little about how protest and legal mobilization tactics may interact to affect court decisions. This paper offers a rare empirical test of movement-legal relationships. We focus on environment-related protests and court decisions on local issues of conservation and construction – for example, court decisions about the creation and maintenance of mines, windmills, solar farms, and protected conservation areas. Our paper describes and analyzes the frequency and conditions under which movement organizations combine appeals to higher courts with larger protest campaigns, and assesses whether these actions relate to positive legal outcomes for the activists. The analysis uses independently collected data on environmental protest actions and court cases in Sweden from 2012-2023.

Authors

• Cassandra Engeman, Stockholm University

• Katrin Uba, Uppsala University