In our case, the whims of the populace are mediated by judges, whose consideration for popular feeling is often limited to something like 'will there be uncontr

In our case, the whims of the populace are mediated by judges, whose consideration for popular feeling is often limited to something like 'will there be uncontrollable riots if I rule a certain way', and balanced against their ideological views (about how to interpret law) and the content of the law. But I think that element of consideration of popular feeling or shifting cultural norms is important. It's what lets judges do things like pass over laws banning women from wearing pants as a form of crossdressing instead of requiring, or to reinterpret language about equality as extending to wider groups of people than originally intended.