Every society is influenced by public opinion and this in turn influences the legal framework of the state. It is therefore essential to first realize and understand what is meant by ‘public opinion’. The term “Public Opinion’’ was coined by philosopher John Locke in the 17th century and he termed it to be the desires, wants, and thinking of majority of the people or the collective opinion of the people of a society or state on an issue or problem.
With democracy being the preferred system of governance for majority of the countries in the world, public opinion has come to play a greater role in policy making processes. Public Opinion is an important part of a democracy because the subjects of the state, those being governed, are the ultimate source of political power. By its very nature, the democratic process encourages and urges citizens to form, share and therefore value public opinion on a number of issues. In modern society the opinions of people form the crux of any legislation or policy of the state. This is because, all government officials have to take public opinion into account while deciding on a future course of action. This is not to say that politicians never do what they want but political parties, if they wish to remain in charge of the executive branch of the state, must ensure that they fare well in public opinion.
A state is built upon the consent of the members of the society. A constitution is drafted by the collective will of the people. Just as the state and constitution are vital organic constructs, so is the primary method of informing public opinion. According to Jeremy Bentham (English philosopher and economist) public opinion is a useful check on the authority of rulers. Any state is divided into three bodies: The executive, the legislative and the judicial. These bodies are responsible for the smooth running of the country’s functions. While these three organs function in tandem with each other, they also prove to be effective watchdogs for each other. But this is not the only method by which these three are regulated. The most pertinent check on all three of these is that of public opinion. For either of these organs to retain their power, they are required to remain within the good graces of the public’s opinion. Complying with this is therefore, an important requisite of the functions carried out by these bodies.
The relevance of public opinion does not apply to official or public bodies only. Private citizens are also stakeholders in public opinion. What the majority of one’s peers, neighbors or fellow residents think of him/her is a question, the answer to which affects the quality of one’s personal life. This is why many criminals, even when acquitted by the courts, suffer from a poor quality of life subsequently as they have been convicted in the court of public opinion. The case of O.J. Simpson is a good case in point. This is precisely why social dictates and attitudes of the society feature prominently in the process of engendering laws and policies and are a major part of the decisive factors affecting their successful execution.
In the early years of modern democracy, some scholars admitted the power of public opinion and warned that it could be a dangerous force. But this is an argument which best fits the analogy of a double edged sword: The sword when used to strike another, damages the intended target and the individual using it. Similarly, public opinion, where it stands to be a very useful tool to ensure that the opinions of the public are incorporated into the decision-making process of the country, can also be used negatively. A certain level of positive public opinion is subject to a measure of manipulation through mass media and other sources. This can allow for individuals to manipulate public feelings using false information or by portraying information to appear different from what it actually is. The manipulation of the American Presidential election in 2016 by Russian bots and ads on Facebook are a good example of this. Public opinion therefore, itself, should not be considered a “positive social function’’. Grantland Rice, a renowned American journalist once said “A wise man makes his own decisions, an ignorant man follows the public opinion’’. It is however, a very important device at the disposal of the public and can be used to affect changes important to the citizens of a country.
It is important to understand the factors that form public opinion as a whole. These include social class, education, region, age, gender and ethnic group. Society is not a homogenous whole. It is made up of components which differ from each other. Each component faces different challenges in its functioning, therefore, members of each component view the world differently. Public opinion is therefore, almost never unanimous. This is probably one of the most pressing problems of this device. Popular opinions do not show the complete picture as regards the opinions of the public. It leaves out the opinions of minorities, ensuring their voices are unheard. For countries like Pakistan, it ensures that the majority of the country which dwells in poverty, separated by a veil of ignorance is neither made aware of the educated public’s opinion, nor is allowed to partake in the formation of this opinion. They are therefore left uncared for and their needs are almost never catered to.
Public Opinion seems to be much more effective in influencing policy making at the local level then at the state or national levels. One reason for this is that issues of concern to local governments such as the condition of roads, schools and hospitals are less complex than those dealt with by governments at higher levels. Another is that at the local level there are fewer institutional and bureaucratic barriers between policy makers and voters. There have been so many attempts to limit the power of public opinion by representative government itself, but their attempts were futile because public opinion exists by virtue of the existence of those being governed and always plays a positive role in reforming the society. It has therefore ever been claimed that public opinion has the ability to change the course of history.
Public Opinion could also help for setting the pace of reform. To overcome frustrations around the lengthy timetable required to implement reform, policy can be timetabled to put in order with public opinion. Therein lies the ability to give a hand to the state to implement policy which receives a vote of approval in public opinion, caters to the need of those it affects and ensures that the state works towards improving itself for its subjects.