Scrutiny Weakens Courts? How Public Awareness Fuels Unpopular Court Defiance

Scholars debate whether public awareness improves governance in liberal democracies. This article explores its impact on constitutional review by unpopular courts.

Core Argument:

The author argues that public awareness undermines judicial power, creating electoral pressure for governments to ignore rulings without fear of institutional backlash.

Theoretical Framework:

Combining insights from legitimacy theory and separation-of-powers doctrine, we demonstrate how democratic accountability shapes court behavior.

Analysis Approach & Findings:

Using a formal model, the article identifies when public awareness incentivizes government defiance. Analysis of rulings from European Union courts supports these theoretical implications.

Real-World Significance:

This research highlights an unexpected trade-off: while enhancing democratic accountability, public awareness can paradoxically weaken judicial effectiveness.