The People Themselves: Popular Constitutionalism and Judicial Review

Gerber, Scott D.

doi:10.2307/4486047

Cited by 1 publication

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“…While judicial intervention, as well as its legitimacy, has received much attention within legal scholarship, this body of work has been mostly theoretical (e.g. Tushnet 1999; Kmiec 2004; Tremblay 2005; Gerber 2006; Waldron 2006; Harel & Kahana 2010; Harel & Shinar 2012). Surprisingly, no work to date has empirically examined the normative consequences of judicial intervention on moral judgment – at least not systematically.…”

Section: Introductionmentioning

confidence: 99%

The influence of the legislative and judicial branches on moral judgment and norm perception with the special case of judicial intervention

Zeev‐Wolf

Mentovich

2021

Regulation & Governance

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This paper examines the capacity of the legislative and judicial branches to shift moral judgment in the direction of the law, when they assume complementary, or competing, normative stances. Participants were asked to rate the morality and social acceptability of ethically dubious behaviors that were either permitted, or prohibited, by the legislative or judicial branch. We found that (i) the legislative branch alters moral judgment in the direction of its legislation, such that conduct seems more moral when the law permits it; (ii) the capacity of the legislative branch to alter moral judgments is similar to that of the judicial branch; (iii) the influence of both branches on moral judgment stems from their ability to impact upon prevailing norms; (iv) disagreements between the branches weakens their ability to influence moral judgment and norm perception. Our findings suggest that both branches are powerful norm setters, involved in shaping people's moral values.

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