THE ROLE OF DISSENTING AND CONCURRING OPINIONS IN THE CONSTITUTIONAL JURISDICTION

Marieta Safta ()
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Marieta Safta: Titu Maiorescu University of Bucharest, Faculty of Law

Perspectives of Law and Public Administration, 2016, vol. 5, issue 1, 207-213

Abstract: 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.

Keywords: dissenting opinions; concurring opinions; constitutional review; independence of judge. (search for similar items in EconPapers)
JEL-codes: K10 K41 (search for similar items in EconPapers)
Date: 2016
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Citations: View citations in EconPapers (1)

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