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.
