Sabino Cassese

A Lesson on Dissenting Opinion

  • Abstract

Informations and abstract

Keywords: Constitutional Court, Dissenting Opinion

The Author, first of all, critically addresses the notion of "dissenting opinion" from a terminological and conceptual point of view. He then moves on to analyse a series of judgments in order to put in relation their structure with the type of decision. Furthermore, the Author focuses on dissent as one of the elements that construe different Courts' ruling techniques and then lists the main reasons why single justices' opinions should, or should not, be disclosed. As a conclusion, the pros and cons of dissenting opinions are historically contextualized so as to underline the cultural implications in favor or against the introduction of dissenting opinions.

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