The courts and the ascertainment of the truth On the face of things, there is a close connection between the work of the courts and the ascertainment of the truth. [...] While it is the case that, in the eyes of the public, a primary function of a contested trial — if not the primary function — is to conduct a search for truth through the mechanism of the adversarial system,21 this is in fact something of an oversimplification of the role of the courts. [...] True or untrue is proven or unproven, and proven or un- proven is ultimately believed or not believed with the requisite degree of intensity.”27 8 To the extent that the judicial process involves the pursuit of truth in the course of the administration of justice, the particular kind of truths venti- lated in courtrooms tend to be highly specific to the parties to the dispute (although they may in. [...] Dissatisfaction with the outcome on the part of about half of the voters, and criticism of the decision of the court, co-existed with peaceful acceptance of the consequences of that decision.” There is an obvious contrast with what occurred in the United States with regard to the Presidential election some 20 years later, to which I have already referred. [...] The increasingly belligerent criticism of judges towards the end of the 20th century also coincided with a well-observed contraction of the willingness of many Attorneys-General to defend the judi- ciary in the political arena and in the public domain.49 In a speech delivered in 1989, Sir Anthony Mason, after referring to the tradition of Attorneys- General representing the interests of the judici.
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