Explain whether judicial decisions should reflect public opinion

Explain whether judicial decisions should reflect public opinion, using a specific example, and cite any sources used.


The role of the judiciary in a democratic society is a complex one, and it is important to consider the advantages and disadvantages of judicial decisions reflecting public opinion. This essay will explore the role the judiciary plays in a democratic society, the advantages and disadvantages of judicial decisions reflecting public opinion, and will examine existing evidence on the impact of judicial decisions reflecting public opinion.
The judiciary plays a crucial role in a democratic society, with its primary purpose being to ensure that laws are properly interpreted and applied to all citizens equally. This is an essential part of the democratic process, as the judiciary is responsible for ensuring that laws are enforced and justice is served. As LL Piersol states in the South Dakota Law Review, “the judiciary is the cornerstone of our democracy, safeguarding the constitutional rights of citizens, interpreting the law, and providing fair and impartial justice” (2007). The judiciary is also responsible for protecting the rights of minorities and ensuring that all people are treated fairly under the law. Without the judiciary, democracy would be impossible, as the people would not be able to trust their government to protect their rights and to enforce the rule of law. Furthermore, the judiciary helps to check the power of the executive and legislative branches of government by providing a nonpartisan forum in which to review and debate the issues at hand. In sum, the judiciary is an integral part of a functioning democratic society, and its role in preserving the rule of law and protecting the rights of citizens must not be overlooked.
Judicial decisions that reflect public opinion can have both advantages and disadvantages. According to V Purdie-Vaughns and RP Eibach (2008), on the one hand, judicial decisions that reflect public opinion can be seen as beneficial, in that it allows the judiciary to have a better understanding of the values and beliefs of the public, and therefore make more informed decisions based on public sentiment. This can also lead to decisions that are more likely to be supported by the public, thus leading to more public acceptance and compliance with the law. On the other hand, judicial decisions that reflect public opinion can also be seen as problematic, in that it can lead to decisions that are based on majority opinion rather than on the law itself. This could be seen as a form of populism, where judicial decisions are made based on what the majority of the public wants, rather than on what is the best course of action for the law. In addition, such decisions could be seen as a form of judicial activism, where the judiciary is seen as making laws, rather than interpreting them. Ultimately, it is important for the judiciary to consider both the advantages and disadvantages of judicial decisions that reflect public opinion, in order to ensure that the law is upheld in a fair and equitable manner.
The impact of judicial decisions reflecting public opinion has been analyzed in a variety of studies and articles, such as those conducted by Epstein and Martin in their 2010 article for the University of Pennsylvania Journal of Constitutional Law. This article examines the evidence and discusses the implications of the findings for the judicial system. The authors argue that judicial decisions reflecting public opinion can have a positive impact on the decision-making process, as they can provide a gauge of public sentiment and can serve as a check on the power of unelected judges. They also note that these decisions can be used to resolve conflicts between competing interests, such as when there is a disagreement between the general public and the minority. However, they caution that there can be unintended consequences if judicial decisions are too heavily influenced by public opinion, as it can lead to a lack of impartiality and create an environment that is hostile to minority opinions. Ultimately, Epstein and Martin conclude that judicial decisions reflecting public opinion should be used judiciously and in a manner that is consistent with the principles of judicial independence.
Although public opinion certainly plays a role in the decisions and governance of our legal system, judicial decisions should not be based on public opinion. Rather, the courts are responsible for interpreting and applying the law in an objective and impartial manner, and judiciary decisions ultimately should be grounded in the rule of law. This is especially true when public opinion shifts in favor of certain bias, such as racism, sexism, and other forms of discrimination. In order for the judicial system to be effective, the judges need to remain firm against the prevailing public opinion and ensure that the justice system upholds the principles of fairness and equality.
Work Cited
V Purdie-Vaughns.”Intersectional invisibility: The distinctive advantages and disadvantages of multiple subordinate-group identities.”https://link.springer.com/article/10.1007/s11199-008-9424-4
L Epstein., AD Martin.”Does Public Opinion Influence the Supreme Court-Possibly Yes (But We’re Not Sure Why).”https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/upjcl13&section=12
“The Role of the Judiciary in a Democratic Society.”https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/sdlr52&section=20

Get Assignment Help- Confidentially!

Why Choose Ace Writing Center?

***Absolutely NO Plagiarism.

***All writing is original.

***Guaranteed Top Grade.

***24/7 Support

***100% Money Back Guarantee

***Free revision
Get 20% Discount on This Paper
Pages (550 words)
Approximate price: -

Try it now!

Get 20% Discount on This Paper

We'll send you the first draft for approval by at
Total price:

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

Ace Writing Center has stood as the world’s leading custom essay writing services providers. Once you enter all the details in the order form under the place order button, the rest is up to us.


Essay Writing Services

At Ace Writing Center, Nowadays, students normally have extremely busy schedules. You will note that some of them have to take on some evening or weekend jobs in order to get some income that can help them to sustain in college or in the university. This can deny them a chance to write all the essays given. Others usually get bombarded with a lot of work by their lecturers. This can still delay such students from working on all their essays. However, some of them usually try to work on all these essays but end up delivering their work late. This can prevent them from graduating since most lecturers are strict on deadlines. If you want to write a business essay, the wise way is to hire an outstanding essay writing service like us, so that you can get the best results. If you are keen, you will note that many companies usually overcharge their customers. Some of them are there only to make money. And in reality, they really don’t care to build a long term commitment with students. You should not choose such companies. You should take your time and choose a reliable company to work with. Ace Writing Center is the ultimate solution for you. We have been offering our writing service for more than 7 years. This is a clear indication that you will get quality essay writing service. We have a wide range of writers who can work on any business essay that you might have. We believe in doing extensive research so that we can provide quality work to all our clients. .


Admission and Business Papers

Have you ever had to write an admission essay for college? The majority of students face the same issues when applying to a university or college and many in such situations decide they need professional help to cope with this matter. They get in a situation when the deadline keeps coming closer but lack motivation to start because they are just not sure if their writing skills are strong enough. We have a solution for you! Ace Writing Center is the best admission essay writing service with a large professional team and years of experience in providing high-quality papers to students of all levels and faculties. The mission of our team is to help students make their dreams of entering a good college come true and that’s what we offer!.


Editing and Proofreading

Sometimes all the words for your paper just flow out of your mind and into your fingers. You type quickly at your keyboard and there they are, your beautiful words right there on the screen. But you have no idea how to polish it up. You may be wishing there was a paper writing service that offered this type of writing service. Look no more! Here at Ace Writing Center, we offer you an editing and proofreading option that you can't find anywhere else..


College Essay Writing

In case you are familiar Ace Writing Center, you know the way to distinguish a better company from a cheap one exactly. First of all, poor service website does not have a sufficient support. We think support team is an essential part of success; it has to answer all clients’ questions and be a connecting link between clients and their writers. On our web-service you will get answers about anything you need and your writer will receive all your instructions, assignments and requirements exactly and swiftly. A writing service that we run has got a flexible pricing system that will save you from senseless wastes and many bonus systems that let you sparing money for something important for you.

You cannot copy content of this page
Open chat
Hello. Can we help you?