Public (In)Tolerance of Government Non-Compliance with High Court Decisions

Abstract

Governments’ compliance with high court decisions is a critical factor affecting judicial independence, power, and legitimacy. Under what conditions do citizens tolerate incumbent non-compliance with apex court decisions? Some theories yield predictions that government supporters will be more tolerant towards non-compliance, while others assert that citizens may value judicial review irrespective of their political preferences. Although the underlying logic of both arguments is plausible, the contexts that shape citizens’ non-compliance preferences are not well identified. Focusing on the moderating effect of elite behavior and contextual factors, we demonstrate that supporters of incumbent governments are more tolerant of government non-compliance in the years following high-profile shows of interbranch attacks or government disregard of high court decisions, and in environments where the media is lacking independence.