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Ideology And Decision Making Essay

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Role of ideology in decision making process of judges Ideology means a set of conscious and intentional expression of political or social ideas. It forms the foundation of economic or political theory and relates to the beliefs characteristic of a social group or individual. Ideology can be embodied in a political spectrum because ideology relates to political ideas. It can also be embodied in a legal system because law which regulates social relations is legislated by a political system. From this perspective, it could be argued that law is probably a political ideology that is legally expressed. Judges may have their own ideology in giving their judgment. In the case of Texas v Johnson, Johnson was convicted of desecration of the flag of the United States of Texas State law. He appealed his conviction, claimed that he was protected under the First Amendment of the Constitution. This case went on to the Supreme Court with slight majority in favour of Johnson. Justice Anthony Kennedy expressed his ideology openly by showing his personally dislike against the burning of national flag in his judgment. In his judgment, he wrote that ‘the hard fact is that sometimes we must make decisions we do not like…we do not pause to express distaste for the result, perhaps for fear of undermining a valued principle that dictates the decision…’ Would a judge’s ideology influence his decision-making? According to Hart, legal system is a union of primary and secondary rules.

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