Scholars debate whether public awareness improves governance in liberal democracies. This article explores its impact on constitutional review by unpopular courts.

Core Argument:

The author argues that public awareness undermines judicial power, creating electoral pressure for governments to ignore rulings without fear of institutional backlash.

Theoretical Framework:

Combining insights from legitimacy theory and separation-of-powers doctrine, we demonstrate how democratic accountability shapes court behavior.

Analysis Approach & Findings:

Using a formal model, the article identifies when public awareness incentivizes government defiance. Analysis of rulings from European Union courts supports these theoretical implications.

Real-World Significance:

This research highlights an unexpected trade-off: while enhancing democratic accountability, public awareness can paradoxically weaken judicial effectiveness.