Judicial Dissent in European Constitutional Courts

A Comparative and Legal Perspective

Katalin Kelemen

• Publisher: Routledge
• Year: 2017
• Print ISBN: 9781472482235
• eBook ISBN: 9781317110040
• Topic: Law
• Subtopic: Comparative Law
• Index: Law

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.

Table of contents

• Cover
• Title
• Copyright
• Dedication
• Contents
• List of tables
• Table of cases
• Introduction
• 1 Judicial dissent: what is it and why does it matter?
• 2 The decision-making process in constitutional courts
• 3 Judicial dissent in the common law tradition
• 4 Judicial dissent in the civil law tradition
• 5 Comparative reflections
• Appendix: List of Western and East-Central European Constitutions, Constitutional Court Acts and Rules of Procedure of the respective constitutional courts
• Bibliography
• Index