Tag: legitimacy

Former Israeli Supreme Court President defends private meetings with Prime Minister

Miriam Naor, the former President of Israel’s Supreme Court, recently gave a rare public interview in which she defended her private meetings with Prime Minister Benjamin Netanyahu while serving on the Court. Naor maintained that she was appropriately discussing major legislation that would effect judicial branch operations. Critics argue that such meetings could compromise the integrity of a court that could eventually hear criminal charges against the Prime Minister.

This is a delicate thing. As I have noted regularly on this blog, most courts worldwide depend significantly on the other branches of their respective governments for resources and enabling legislation. It is both pragmatic and smart for the administrative head of a court system to share judicial concerns and perspectives with lawmakers. But closed-door meetings invite the perception of an improper, closer-then-arms-length relationship between the branches and their representatives.

A discouraging survey on lack of confidence in the Kenyan courts

A new study reveals that nearly half of Kenyans seek to resolve their legal disputes outside of court, either through informal means or by not pursuing a claim at all. The reasons are discouraging but unsurprising:

The top reason given for inaction was the belief that acting would not help, a view that was held by a third of the respondents.

The second most frequent rationale was that the other party was more powerful (20 per cent) than the complainant. Three in 10 Kenyans from the lowest income group say they did nothing because the other party was more powerful compared to one in 10 people in the highest income group. The numbers imply that the justice system is not seen as an equalising force by a sizable part of the population and that the experiences of those who sought legal services differed depending on income levels.

The study also found that 2 out of 3 Kenyans believe their court system generally protects the interests of the rich and powerful above all others, and only 1 in 3 felt that they can rely on the courts for fair justice.

Access to justice was hindered in other ways as well. Nearly 1 in 5 Kenyans said that they have no idea how to even initiate a legal claim. And those can file a claim may have to wait an eternity for resolution, since 1 in every 6 cases currently pending in the Kenyan courts is more than ten years old.

These problems are not unique to Kenya, of course. Every court system faces the considerable challenge of providing equal justice in a society that is inherently unequal. But the survey nevertheless brings those challenges into stark relief once more.

Multinational courts in the news

Two courts with multinational reach were recently in the news. The African Court on Human and People’s Rights was recently praised at a meeting of the African Union (AU) as “the premier judicial continental body.” And the Caribbean Court of Justice (CCJ), based in Trinidad, has announced that it will develop a five-year strategic plan “with stakeholder engagement being a top priority.”

Like many courts with cross-border reach, the African Court and the CCJ depend heavily on regional member countries to provide jurisdiction and legitimacy. For example, the CCJ is seventy years old, but only three countries in the region have agreed to grant it appellate jurisdiction. The African Court has been established for more than twenty years, but only 30 member states have joined, and only 25 cases have been finalized in the past decade. Much work remains to be done.

New poll shows that U.S. Supreme Court still enjoys widespread legitimacy

A new poll conducted by researchers at Penn State University has found that the U.S. Supreme Court continues to enjoy high levels of public legitimacy, notwithstanding the belief by many respondents that Justices should not serve on the Court for life.

The linked story contains additional information, including many comments on the Court from respondents.  Ignore the idiotic headline about “Trump’s America,” which seems de rigeur for all mainstream media stories these days, even if (as here) they have nothing to do with the President.  The poll itself is worth noting.

Public interest in the Supreme Court is high, but knowledge is low. Should we worry?

The humdrum unanimity of Supreme Court cases is rarely conveyed to the public, even in passing.

CSPAN/PSB has released a new survey of more than 1000 likely voters, concerning their knowledge of and attitudes about the United States Supreme Court.  The results are not particularly encouraging for those who follow the Court closely.

Survey respondents reported very high interest in the Court generally: 90% of respondents agreed that “Supreme Court decisions have an impact on my everyday life as a citizen” and 82% indicated that the issue of Supreme Court appointments was important to their 2016 Presidential vote.  Sixty-five percent of respondents stated that they follow news stories about the Supreme Court “very often” or “somewhat often.”

But at the same time, actual familiarity with the Court and its members is middling at best.  Nearly 60% of survey respondents could not name a single Supreme Court Justice.  And while 71% of respondents said that they were following the recent news about President Trump’s Supreme Court nominee, only 28% could actually identify that nominee by name.

Also significant were the latest numbers regarding the public’s perception of the Court: 62% of survey respondents agreed that recent U.S. Supreme Court decisions demonstrate that the Justices effectively split into parties, similar to Republicans and Democrats in Congress.  By contrast, only 38% of respondents thought that recent decisions demonstrate that the Court acts in a serious and constitutionally sound manner.

Results like these tend to trouble court watchers, both in terms of the general lack of civic knowledge and with respect to the public’s apparent belief that the Court is primarily political body.  These trends do require attention.  But a closer inspection suggests that there is no need to panic — at least not yet. Continue reading “Public interest in the Supreme Court is high, but knowledge is low. Should we worry?”