Public-led Justice: Is there value for the public opinion in the law? 🤔

Should statutes be influenced by the public?

• Yes - public opinion is vital in law
• No - this would undermine the law

Order. Without legislation, chaos would ensue. It is undeniable that legislation and statutes are fundamental to the functioning of society, but can they be improved? As outlined by multiple provisions in the law, statutes exist to improve society. But do elected MPs, the Prime Minister, and the Monarch fully understand what is socially perfect for society? Should public opinion be involved in this decision-making process? This article delves precisely into these questions.

The Magistrates’ Court, the Crown Court, and the Supreme Court are all designed to operate independently of public opinion in order to remain neutral and unbiased. This separation exists primarily to uphold fairness and justice. Like many judicial processes, judges strive to remain consistent in their interpretation and application of the law. However, if emotion and public opinion were to infiltrate judicial decision-making, outcomes could become highly variable. Judges might rule against a defendant in one case and dismiss a similar case in another. This lack of certainty would undermine the very foundation of judicial reasoning, which is why the judiciary divorces itself from public judgements. Because law has a national impact, a single inconsistent decision can have severe unintended repercussions. This is the fundamental reason why law must maintain consistency. Is justice better when it is consistent or variable? Undeniably, consistency is preferable. Furthermore, if statutes were influenced by fluctuating public value judgements, this could spiral into widespread corruption - precisely what the law seeks to prevent.

Continuing with the idea of corruption and value judgement, Winston Churchill stated that there was “no such thing as public opinion.” Expanding on this perspective, Churchill suggests that public opinion is filtered and often manufactured. What we perceive as free will may in fact be shaped by political narratives and societal issues that have persisted throughout our lives. His view raises the question: is there ever such a thing as public opinion free from political influence? From this perspective, incorporating public opinion directly into policy and statutes would be a grave mistake.

In contrast, Abraham Lincoln, famously claimed that “public opinion in this country is everything.” This opposing view touches upon the fundamental building block of any democratic state: the public. If the law exists to serve the public, and politics exists to represent the public, then why should the public not influence how statutes govern society? (1)

Historical evidence suggests that public opinion does have the power to influence policy and decision-making. During World War II, President Roosevelt was initially reluctant to commit to anti-German war efforts, particularly due to the lingering effects of the Great Depression. However, through increasing public pressure, boycotts, demonstrations, and ultimately the bombing of Pearl Harbour, the American president aligned himself with public sentiment. While this example concerns policy rather than statutes, it demonstrates the potential for public opinion to shape national direction and could support the argument for incorporating public opinion into overarching statutes when it benefits society.

However, research suggests that public opinion is constantly changing, shaped by the circumstances of each decade. Public opinion in the 1940s would be strikingly different from that of today. If statutes fail to change proportionally, can they still maintain order rationally? This argument can be viewed from both perspectives. On one hand, statutes and provisions are regularly updated to reflect new social developments. For example, proposals such as the under-16 social media ban backed by the House of Lords show Parliament responding to modern social concerns that were irrelevant centuries ago. On the other hand, it can be argued that the pace of legislative change does not match the rapid transformation of the modern world. International law, for instance, appears increasingly ineffective in the face of global conflicts such as the Russia–Ukraine war and the Israel–Gaza conflict. These laws aim to curb conflict and maintain order, yet their enforcement remains limited. This raises the question of whether incorporating public opinion could accelerate necessary change.

The Middle Ground

As this discussion draws to a close, it becomes clear that the contrast between past and present is central to this debate. During the Brexit process in 2019/2020, Theresa May famously stated that “the public have had enough.” The UK’s withdrawal from the European Union was driven largely by public opinion and resulted in significant changes to statutes, trade relationships, and national politics. This moment illustrates the growing influence of public opinion on MPs, who possess the authority to amend statutes. However, fifty to one hundred years ago, the relationship between Parliament and the public was far weaker. Parliamentary proceedings were largely inaccessible, and decisions were made with minimal transparency, epitomised by the absence of cameras in Parliament. This dynamic has shifted significantly in the twenty-first century due to increased public engagement and accountability. (2)

As discussed, there are clear limitations to public opinion influencing statutes: minority voices may be overshadowed, and the risk of corruption increases, undermining the core principles of law—fairness and consistency. However, a balanced approach may offer a solution. Rather than excluding public opinion entirely, MPs and councillors should acknowledge public judgement while remaining open-minded and selective in its application. This approach would allow for well-informed decision-making while preserving legal integrity. After all, law can only function effectively when the public adheres to it.

Has your opinion now changed?

1.        Public opinion can play a positive role in policy making | Public Leaders Network | The Guardian [Internet]. [cited 2026 Jan 23]. Available from: https://www.theguardian.com/public-leaders-network/2012/sep/03/public-opinion-influence-policy

2.        How can the public effect real change in Parliament? | The British Academy [Internet]. [cited 2026 Jan 23]. Available from: https://www.thebritishacademy.ac.uk/blog/summer-showcase-2019-public-effect-change-parliament/