THE ROLE OF DISSENTING AND CONCURRING OPINIONS IN THE CONSTITUTIONAL JURISDICTION

The Judges' possibility to submit dissenting / concurring opinions is disputed as arguments are brought both for and against it in the context of the obligation to ensure the secrecy of deliberations. This study, bringing landmarks of the European Constitutional Courts' legislation and cas...

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Bibliographic Details
Published in:Perspectives of Law and Public Administration 2016-11, Vol.5 (1), p.207
Main Author: Safta, Marieta
Format: Article
Language:English
Subjects:
Constitutional review
Court decisions
Judges & magistrates
Judicial reviews
Presidents
Regulation
State court decisions
Supreme Court decisions
Tax deductions
Writing
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Summary:The Judges' possibility to submit dissenting / concurring opinions is disputed as arguments are brought both for and against it in the context of the obligation to ensure the secrecy of deliberations. This study, bringing landmarks of the European Constitutional Courts' legislation and case-law on the subject, demonstrates the role of the dissenting and concurring opinions in the development of the law, emphasizing the idea of balance for their formulation and grounds.
ISSN:2601-7830