Exclusion of the masses from setting criteria in judicial judgements

Incidence

The civil rights movement, born out of demonstrations initiated by Martin Luther King, is a classic example of a response to the closing off of the judicial process from the people, depriving them of the socially established channels for dealing with grievances and disputes.

Claim

When the judicial system is experienced as closed, people have no recourse but to seek solutions through unconventional channels. Present-day covenants and codes do not reflect what the individual experiences as the social reality in which he or she participates. The processes of judicial review and creation of legislation have so far neither enabled people to articulate their understanding of the malfunctioning of the system nor to participate in the re-creation of legal principles. The social order is unable to transform the present situation into viable alternatives for the future.