Quaderni costituzionali
Rivista italiana di diritto costituzionale
ISSN : 0392-6664

Issue: 4, dicembre 2009 Table of Contents


DOI: 10.1439/30880
A Lesson on Dissenting Opinion
Sabino Cassese
pp. 973-986
€ 6
[pdf 70K]
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Memo
 

Abstract
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.

Keywords
Constitutional Court, Dissenting Opinion

 


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