Judicial Dissent in European Constitutional Courts
Author | : Katalin Kelemen |
Publisher | : Routledge |
Total Pages | : 242 |
Release | : 2017-09-28 |
ISBN-10 | : 9781317110040 |
ISBN-13 | : 1317110048 |
Rating | : 4/5 (40 Downloads) |
Download or read book Judicial Dissent in European Constitutional Courts written by Katalin Kelemen and published by Routledge. This book was released on 2017-09-28 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.