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Conclusion

Published online by Cambridge University Press:  16 February 2017

Richard Davis
Affiliation:
Brigham Young University
Richard Davis
Affiliation:
Brigham Young University, Utah
David Taras
Affiliation:
Mount Royal University
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Summary

The traditional image of courts of last resort is one of dignity and aloofness. Courts typically go to great lengths to foster such an image. They operate under formal processes and rigid bureaucratic procedures. They appeal to higher authorities, particularly supreme governing documents, which suggest personal biases of judges are minimal or non-existent. The members of such courts often adopt formal attire, particularly robes, and hold themselves to certain canons of ethical behavior.

This image would appear to distance these judicial bodies from political players advocating transparency and informality, particularly the press. Indeed, journalists would seem to be the polar opposites of judges sitting on high courts. They are typically perceived as hostile to authority, disdainful of bureaucracies, and suspicious of formal legal language that tends to obscure more than explain.

As one insider at the US Supreme Court noted,

there is an enormous cultural gulf between justices and reporters. Justices rewrite their opinions maybe fourteen times to get the precise nuance in each sentence. The reporters sit down in two hours and write a story that will be read by millions of people. There's a general feeling of discomfort.

Yet, as this volume has demonstrated, justices and journalists in various national systems do possess such a relationship. Indeed, it has become a common element across the globe. Moreover, it is not insignificant. That relationship affects public understanding of judiciaries, relationships between judiciaries and other political players, as well as a judiciary's ability to function as an arbiter of the law.

The nature of that relationship is shaped by the Court's role in the political system in which it is situated. Where courts are perceived as less autonomous and more influenced by other political actors, they may face the need to assert their independence as actors. As Scribner points out, this is particularly acute in Latin American nations. But it also true elsewhere, such as in Indonesia and Korea.

Type
Chapter
Information
Justices and Journalists
The Global Perspective
, pp. 297 - 304
Publisher: Cambridge University Press
Print publication year: 2017

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  • Conclusion
  • Edited by Richard Davis, Brigham Young University, Utah, David Taras
  • Book: Justices and Journalists
  • Online publication: 16 February 2017
  • Chapter DOI: https://doi.org/10.1017/9781316672228.015
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  • Conclusion
  • Edited by Richard Davis, Brigham Young University, Utah, David Taras
  • Book: Justices and Journalists
  • Online publication: 16 February 2017
  • Chapter DOI: https://doi.org/10.1017/9781316672228.015
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Conclusion
  • Edited by Richard Davis, Brigham Young University, Utah, David Taras
  • Book: Justices and Journalists
  • Online publication: 16 February 2017
  • Chapter DOI: https://doi.org/10.1017/9781316672228.015
Available formats
×