Public opinion as (a) foundation of judicial independence? Mapping the relationship between public perceptions of the courts and their independence

What influence might public opinion of the courts have on judicial independence? In this article, we investigate whether and to what extent there may be a relationship between the two and examine the relationship between de jure and de facto judicial independence. Furthermore, Gutman and Voigt's hypothesis concerning cultural influences is tested, and pertinent related questions are addressed. It does so based on a legal, empirical, and comparative analysis of the position in two jurisdictions: Argentina and Uruguay. Drawing on data from over 40 focus groups conducted by the authors across these jurisdictions, the article aims to provide insight into the more profound cultural differences that Gutmann and Voight contemplated. This contextually-rich assessment of the social and political context provides valuable insights into establishing, sustaining, or eroding judicial independence. Unlike previous research that relied on high-level coding or survey data, our findings offer a more profound comprehension of the cultural disparities examined by the literature. We conclude that these case studies demonstrate the pivotal role of public opinion in bolstering judicial independence. Also, explain why popular mobilization against threats to the judiciary is more prevalent compared to challenges faced by other constitutional principles. Finally, our research shows why the interplay between the judiciary and political branches significantly influences the perception and standing of courts within a given system.