Abstract

Intellectual Humility: A Necessary Precondition to Building Trust in Courts

Highlights

  • The challenge of Australian courts and tribunals[3] in building and maintaining public confidence, respect and trust has been a topic of academic and extra-judicial discussion since at least the turn of the century.[4]

  • By considering the recent approach of the High Court of Australia to allegations of sexual harassment by a judicial officer, the article reveals the ways in which the choices of individuals in responding to criticism that may threaten an institution can build or undermine trust in that institution

  • The need for some tolerance in the standards expected of individual judges was recognised by Chief Justice Gleeson of the High Court of Australia, who argued that the public does not require courts to be perfect in order to have trust and confidence in them

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Summary

INTRODUCTION

The challenge of Australian courts and tribunals[3] in building and maintaining public confidence, respect and trust has been a topic of academic and extra-judicial discussion since at least the turn of the century.[4]. The need for some tolerance in the standards expected of individual judges was recognised by Chief Justice Gleeson of the High Court of Australia, who argued that the public does not require courts to be perfect in order to have trust and confidence in them His Honour suggested that public confidence in Australian courts recognises that the values of independence, impartiality, integrity and professionalism are pursued ‘within the limits of ordinary human frailty’.23. The case of Gaudie occurred almost 15 years ago, at a time when Australian courts were grappling with its relationship with the media and public opinion and the realisation that attorneys-general could no longer be relied upon to come to the public defence of courts.[34] A more recent example of a court responding to criticism illustrates the ways in which intellectual humility can promote better outcomes for both court and complainant. A CASE STUDY OF INTELLECTUAL HUMILITY – THE HIGH COURT’S APPROACH TO ALLEGATIONS OF SEXUAL HARASSMENT

BACKGROUND
A CLOSING OBSERVATION ON HUMILITY

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