Judicial Dissent in European Constitutional Courts: A Comparative and Legal Perspective

1st Edition

Katalin Kelemen

Routledge
Published September 18, 2017
Reference - 208 Pages
ISBN 9781472482235 - CAT# Y259600

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Summary

Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. The question is if it is reasonable to conceal dissent. Not every legal system allows judges to explain their disagreement to the public in a separate opinion attached to the judgment of the court. Most constitutional courts do. This book presents a comparative analysis of the practice of judicial dissent in constitutional courts from the perspective of the civil law tradition. It discusses the theoretical background, presents the history of the institution and today’s practice, thus laying down the basis for an accurate consideration of the phenomenon from a legal perspective.

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