The Influence of Public Opinion and Media on Judicial Decision-Making: Elite Judges’ Perceptions and Strategies

Abstract

Numerous studies have established that public opinion and the media influence judges in their decision-making. Previous research has relied predominantly on quantitative approaches. This paper brings a new perspective by employing a different strategy. Based on in-depth interviews with justices of the Czech Constitutional Court, it shows how elite judges think about public opinion and media, and the influence of these on judicial decision-making. The paper creates a typology of different judicial styles and attitudes towards media and public opinion. It shows that one polar category of judges employs deliberate strategies to affect the media and draw public opinion on their side. In contrast, the opposite one seeks to minimize or even avoid public and media exposure.

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