EXPLAINING PLURALITY DECISIONS

EXPLAINING PLURALITY DECISIONS

 

 

 

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Explaining Plurality Decisions

In the determination of plurality decisions, explanations based on producing majority decision by the Supreme Court is not easy to achieve. Of the three explanations given, the most persuasive is the hard cases theory. In hard cases, plurality decisions are earmarked as starting with having difficult answers to the case. In this, several of the involved judges have divergent ways to deal with the issues at hand. It can be opinionated in terms of the procedure, details of the occurrence, or possible outcomes used by the court. In most circumstances, the higher number of opinions is responsible for making the case hard. The ultimate result from the opinions leads to disagreement on resolutions protocols, conflicting legal rules about the case, and both intended and expected rationales of the decision. On either side, the plausible argument is achieved when highlighting the stronger and weaker side of the case.

The rationale of hard cases provides compelling evidence into the explanation of achieving a plurality decision. Cases by the Supreme Court are expected to have levels of difficulty when it comes to decision-making. However, the consensus is that some cases are more difficult to others. With hard cases, each of the judges comes up with their opinions regarding the case, and explains their rationale behind the logic of their thinking. They also show their intended counters to differing opinions. Each of tem becomes compelled to make other understand why their decision fits the required solution to the case. Afterwards, the dissection of each opinion, rationale, and decision is articulated by the team, and therefore a simple majority of the proposed solutions is arrived at, thereby accounting for the plurality of the Supreme Court decision.

 

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