The first concept taught in system control is feedback. It is via a feedback arrangement that a system can be brought under control. The systems that are most associated with elegant responsiveness are all under feedback control (e.g., free markets; electronic circuits; "Darwinian" control in evolution)
With this in mind, it is interesting to think about our three branches of government. The legislature and executive face significant feedback in the form of elections. A lot of people are not happy with the electorates judgment but it does judge and sometimes harshly. The judiciary, except the rare local or state judge facing election, receive little controlling feedback. The Supreme Court, which cannot be reversed, faces none.
The decision prohibiting the death penalty for child rape, unintentionally ironically called "Kennedy v Louisiana", has been roundly blasted by some legal authors, (e.g., Scott Johnson, Andy McCarthy, Jim Lindgren, Orin Kerr).
To this layman, the Justice's argument that there was a consensus in society against the death penalty for child rape seems risible. Louisiana clearly, and the nation probably, sport a consensus in exactly the opposite direction. The court here, and often, seems simply to rationalize its own values and hold the intent of the constitution (underlying the actual words) reflects values that (imagine the coincidence) match their own. In other words, a court which does a lot of what it simply wants. A court out of control.