Judicial Dissent in European Constitutional Courts

A Comparative and Legal Perspective

Nonfiction, Reference & Language, Law, Comparative, Constitutional
Cover of the book Judicial Dissent in European Constitutional Courts by Katalin Kelemen, Taylor and Francis
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Author: Katalin Kelemen ISBN: 9781317110040
Publisher: Taylor and Francis Publication: September 28, 2017
Imprint: Routledge Language: English
Author: Katalin Kelemen
ISBN: 9781317110040
Publisher: Taylor and Francis
Publication: September 28, 2017
Imprint: Routledge
Language: English

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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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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