Awareness of Executive Interference and the Demand for Judicial Independence: Evidence from Four Constitutional Courts

Abstract Awareness of courts has long been theorized to engender enhanced support for judicial independence, but this is a logic that works only under the best of circumstances. We argue that interbranch politics influences what aware citizens know and learn about their court, and we theorize how awareness interacts with individual-level and context-dependent factors to bolster public endorsement of judicial independence in previously unappreciated ways. We fielded surveys in the United States (US), Germany, Poland, and Hungary, countries which diverge in the extent to which the environments are hospitable or hostile to high courts, and whose publics vary greatly in both their awareness of courts and perceptions of executive influence with the judiciary. We suggest that in hospitable contexts, awareness correlates with support for judicial independence, but said association depends on perceptions of executive influence. In hostile contexts where executive interference is common, more aware citizens are more apt to perceive this meddling, and although it might undermine trust in the judicial authority, it does not diminish their demand for judicial independence. Together, these findings underscore that public awareness and support for judicial independence are greatly informed by the political environment in which high courts reside.