Courts and public opinion: a critical review

Abstract

Scholarly examinations of courts and public opinion have analyzed everything from public reactions to Supreme Court rulings to whether high courts represent public opinion to the political versus apolitical factors that drive judicial legitimacy. Focusing primarily in the U.S. but extending to comparative context, this review essay first examines the primary debate in the literature concerning institutional legitimacy and the Supreme Court's legitimating capacity. I critically review extant conceptual and theoretical debates, point out inconsistencies over time, and suggest how current work addresses those concerns. I also highlight two areas primed for future contributions: (1) reevaluating the role of "process" factors in public perceptions of courts and (2) continuing to incorporate the interactive dynamics between institutional theories, political context, and public opinion. Making these latter connections can enhance both institutional and public opinion perspectives on courts.