The Supreme Court and Public Opinion in Times of War and Crisis

2010 ◽  
Author(s):  
Gordon Silverstein ◽  
John I. Hanley
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
The Supreme Court

Public Opinion and the U.S. Supreme Court: FDR's Court-packing Plan

1987 ◽  
Vol 81 (4) ◽  
pp. 1139-1153 ◽  
Author(s):  
Gregory A. Caldeira
Keyword(s):  
Public Opinion ◽  
Mass Media ◽  
Supreme Court ◽  
Public Attitudes ◽  
Public Support ◽  
Critical Periods ◽  
Gallup Poll ◽  
The Supreme Court ◽  
Historical Episode ◽  
The Mass Media

I show the intimate connection between the actions of the justices and support for the Supreme Court during one of the most critical periods of U.S. political history, the four months of 1937 during which Franklin D. Roosevelt sought legislation to “pack” the high bench with friendly personnel. Over the period from 3 February through 10 June 1937, the Gallup Poll queried national samples on 18 separate occasions about FDR's plan. These observations constitute the core of my analyses. I demonstrate the crucial influence of judicial behavior and the mass media in shaping public opinion toward the Supreme Court. This research illuminates the dynamics of public support for the justices, contributes to a clearer understanding of an important historical episode, shows the considerable impact of the mass media on public attitudes toward the Court, and adds more evidence on the role of political events in the making of public opinion.

scholarly journals Some psychological impacts on judging in criminal cases within the Supreme Court of Cassation of the Republic of Serbia

2020 ◽  
Vol 25 (2) ◽  
pp. 13-28
Author(s):  
Dragutin Avramović
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Criminal Cases ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Psychological Impacts ◽  
The Republic ◽  
The Relationship ◽  
Media Pressure

Following hypothesis of Andrew Watson, American professor of Psychiatry and Law, the author analyses certain psychological impacts on behavior of judges and examines the relationship between their idiosyncrasies and their judicial decisions. The survey encompasses the judges of Criminal Department of the Supreme Court of Cassation of the Republic of Serbia and, also, for comparative reasons, the judges of Criminal Department of the First Basic Court in Belgrade. Considering the main issues there is no great discrepancy between answers given by the judges of the Supreme Court and those of the Basic Court. Most responses of the Serbian judges deviate from Watson's conclusions, namely: they do not admit that they feel frustrated due to heavy caseloads, the significant majority of judges are reluctant to acknowledge their prejudices and influence of biases on their ruling, the significant majority of judges are not burdened with the idea of possible misuse of their discretion, they nearly unanimously deny that public opinion and media pressure affect their rulings, etc. Generally, the judges in Serbia are not willing to admit that they cannot always overcome their own subjectivities.

scholarly journals Alice no país da democracia, ou através do espelho parlamentar da jurisdição constitucional: um diálogo com o professor Eduardo Mendonça sobre o neotribunado da plebe / Alice’s adventures in democracy land, or through the parliamentary looking glass of judicial review: a dialogue with professor Eduardo Mendonça about the neoplebeian tribune.

2017 ◽  
Vol 13 (3) ◽  
pp. 223
Author(s):  
Thiago Aguiar Pádua
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Political Institutions ◽  
Military Coup ◽  
Constitutional History ◽  
Coup D'etat ◽  
Engine Room ◽  
The Supreme Court ◽  
De Se ◽  
Looking Glass

RESUMOEste artigo busca dialogar com recentemente artigo publicado pelo professor Eduardo Mendonça, no qual expõe a percepção de que o desgaste da representação político-parlamentar daria lugar a uma atuação do Supremo Tribunal Federal como representante da opinião pública. Discordamos de sua construção teórica a partir de recurso metodológico da argumentação jurídica. Realizamos análise sobre dois documentos contextualizados de nossa historiografia constitucional, advindos as vésperas de dois períodos de exceção, e que também se fundamentavam no mesmo desgaste da representação político-parlamentar: 1) missiva escrita por Monteiro Lobato em 1924 ao presidente Artur Bernardes, e, portanto, as vésperas da revolução de 1930; e, 2) artigo-manifesto escrito por Goffredo Telles Jr em 1963, e assim sendo, as vésperas do golpe de Estado Civil-Militar de 1964. Articulamos discussão de premissas, utilizando o pensamento do jurista e sociólogo argentino Roberto Gargarella, discutindo as causas do desgaste da representação político-parlamentar, constatando que tal desgaste decorre da forma como as instituições foram desenhadas, de maneira a afastar a cidadania das discussões políticas, por temor do fenômeno democrático. Concluímos constatando que ao invés de se realizar empoderamento de um agente decisório, de duvidosa conotação democrática como o STF, mais adequado seria estimular e fomentar o acesso da população à “Sala de Máquinas da Constituição”.PALAVRAS-CHAVE: Desgaste da Representação Política; Suprema Corte; Opinião Pública; Sala de Máquinas da Constituição.  ABSTRACTThis article is a dialogue with a recently published article by the professor Eduardo Mendonça, which exposes perception that the erosion of political and parliamentary representation would result in a performance of the Supreme Court as a representative body of public opinion. We disagree with his theoretical construction, articulating the critique from methodological analysis of the legal argument. We also analysis two documents of our constitutional history, coming on the eve of two periods of exception, which also were based on the same argument of erosion of political and parliamentary representation: 1) The letter written in 1924 by Monteiro Lobato to President Artur Bernardes, and therefore short before the 1930’s revolution. 2) The article-manifest written by Goffredo Telles Jr in 1963 a few days before the 1964 Civil-Military coup d’état. We articulate a discussion of premises, using the thought of the argentine sociologist and jurist Roberto Gargarella, discussing the causes of the erosion of political and parliamentary representation, noting that such thing arises from the way the political institutions were designed, in order to depart citizenship of political discussions, for the fear of the democratic phenomenon. We conclude noting that instead of performing empowerment of a decision-making agent of dubious democratic connotation, as the Supreme Court, most appropriate would be to encourage and foster the population's access to “Engine Room of Constitution”.KEYWORDS: Erosion of political and parliamentary representation; Supreme Court; Public Opinion; Engine Room of the Constitution.

scholarly journals Connecting Supreme Court Decisions, Media Coverage, and Public Opinion: The Case of Lawrence v. Texas

2006 ◽  
Vol 27 ◽  
pp. 209-230
Author(s):  
Mahalley D. Allen ◽  
Donald P. Haider-Markel
Keyword(s):  
Public Opinion ◽  
Civil Rights ◽  
Supreme Court ◽  
Media Coverage ◽  
Gay And Lesbian ◽  
Court Decisions ◽  
The Supreme Court ◽  
The Media ◽  
Supreme Court Decisions ◽  
The Relationship

Many scholars have examined the relationship between public opinion and the U.S. Supreme Court, but most researchers have often failed to take into account the fact that the press mediates this relationship. Due to the public’s lack of independent knowledge about Supreme Court decisions, the media has the potential to play an influential role in the communication and interpretation of Supreme Court decisions. In this article, we examine the relationship between the Supreme Court, the media, and public opinion. First, we examine whether increased public tolerance on gay and lesbian issues has resulted in increased media coverage of gay-related cases before the Supreme Court. Second, we examine how media coverage of the Court’s 2003 decision to strike down state sodomy laws in Lawrence v. Texas may have been associated with decreased public support for gay and lesbian civil rights. Our analysis suggests that increased support for gay and lesbian civil rights may have lead to increased media attention to the Lawrence case and that the tone of this coverage may have subsequently resulted in an observed decrease in support for gay and lesbian civil rights following the Court’s decision. We also suggest that the release of a highly critical dissenting opinion by the Court in the case may have encouraged negative media coverage and the resulting shift in public opinion. Our research has broad implications for media coverage of Supreme Court decisions.

scholarly journals Zrównanie wieku emerytalnego w Polsce a kwestie równouprawnienia kobiet i mężczyzn na rynku pracy

2018 ◽  
pp. 189-196
Author(s):  
Iwetta ANDRUSZKIEWICZ
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Employment Contracts ◽  
Men And Women ◽  
Permanent Employment ◽  
Employment Termination ◽  
Retirement Benefit ◽  
The Supreme Court ◽  
Two Systems ◽  
The Right

The paper presents the solutions applying to retirement in Poland that combine two systems: the capitalization system and repartition. Trying to answer the question of whether different retirement ages for men and women is discriminatory, the author refers to the adjudi- cation of the Supreme Court and public opinion. The paper also indicates that the practice of giving notice of employment termination to women with permanent employment contracts only because they have acquired the right to retirement benefit violates the Constitution of Poland.

The Supreme Court as a Countermajoritarian Institution? The Impact of Public Opinion on Supreme Court Decisions

1993 ◽  
Vol 87 (1) ◽  
pp. 87-101 ◽  
Author(s):  
William Mishler ◽  
Reginald S. Sheehan
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Membership Change ◽  
Collective Decisions ◽  
The Supreme Court ◽  
Long Term Trends ◽  
Time Series Analyses ◽  
The Impact

Although normative questions about the role of the Supreme Court as a countermajoritarian institution have long excited controversy in democratic theory, empirical questions about how far the Court acts contrary to majoritarian opinion have received less attention. Time series analyses for the period 1956–89 indicate the existence of a reciprocal and positive relationship between long-term trends in aggregate public opinion and the Court's collective decisions. The Court's ideological composition changes in response to previous shifts in the partisan and ideological orientation of the president and Congress. The Court also responds to public opinion at the margins even in the absence of membership change. Since 1981, the relationship has vanished or turned negative in direction. The Court's ideological balance has been upset by an unbroken string of conservative-to-moderate appointments, thereby undermining the dynamics that promote judicial responsiveness and raising questions about the majoritarianism of the contemporary and future Court.

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