Abstract
Supreme Court opinions increasingly acknowledge the importance of appearing to decide in a principled manner. This candid concern with how Court decisions are perceived initially may seem problematic, even illegitimate. A commitment to judicial independence seems to preclude such deference to the public's reactions. This article argues that this seemingly counter-intuitive approach toward appearing principled is the right approach. For the Court, as for other institutions or individuals called upon to justify themselves to others, appearing to decide in the correct manner is a normatively necessary component of good judicial decision-making.
In the article, Professor Hellman argues that judges ought to take into account whether the reasons they offer for decisions are likely to be accepted by others as good reasons for the outcomes reached. In part, this requirement derives from the fact that judicial opinions seek to justify outcomes to others. In part, it derives from the fact that in order for the Court justifiably to compel compliance with its directives in individual cases, it must be effective enough to do so generally. Because the Court's ability to be effective is intimately tied to its image, the Court has an important reason to safeguard that image.
How to Cite
37 Ariz. L. Rev. 1107 (1995)
4
Views
2
Downloads