Intellectual Humility: A Necessary Precondition to Building Trust in Courts

Abstract

This article explores the role of intellectual humility as a necessary condition for building trust within public institutions, such as courts and tribunals. The article seeks to build a bridge between the external elements of accountability with the intention and conduct of the individuals who constitute and lead courts and tribunals. 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 article invites reflection on how individuals, including those who judge and assess the conduct of others, may engage in reflection to inform their approach to their functions today while remaining open to valid criticism now and in the future. Public confidence has long been considered as essential to the legitimacy of judicial authority.1 Yet, trust in public institutions is no longer a given. In the words of one (anonymous) judicial officer, ‘you... have to earn respect'.2