Supreme Court Responsiveness To Public Opinion – Coursework Example
Supreme Court The fundamental interpretation by the general populace about the decisions taken by court regarding social policies is somewhat related to how their perception of social policy is. General populace would interpret these social policies made by court on the legislature and functionality of the court. Many people perceive a decision made by the court regarding social policy or related to it are discrete either because of the vague laws or dysfunctional legislature. Also, on the other hand it has been said that if the judges were unable to take a rational decision because doing that would have made them look rather activists. But the courts, when considering a decision related to social policy should consider social norms and common laws rather than going in the legislature which is vague or politically bargained.
The supreme court in any case and scenario should be responsive to public opinion since it is the public they are working for and it is the public affected by the decisions they make. Also, when it comes to the court being affected by public opinion, we cannot at any instance now say the court when taking a decision regarding a public policy should not be affected by the public opinion. The extent to which the Supreme Court should be affected by public opinion includes change in policies relating to public interest only and not include issues related to national security. For example, the court should improve or change its policies related to environmental control, immigration and public opinion should be of no value when issues related to national security are considered.
What is the role of the courts in making social policy? - NewTalk. (n.d.). Retrieved December 11, 2014, from http://newtalk.org/2008/07/what-is-the-role-of-the-courts.php