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The Art of Dissent: dissent in the context of the legitimacy of judicial decisions

Publication at Faculty of Law |
2021

Abstract

The text deals with judicial dissents, especially in terms of their impact on the legitimacy of judicial decisions. The text begins with a conceptual definition and attempts to provide a brief introduction to foreign and Czech legislation.

Along with this, the text already presents some dilemmas related to dissents. It is not only about the controversial effects of dissents on the legitimacy or quality of decisions.

At the same time, it turns out that without a closer examination of what is the subject of dissents, how they arise in practice, or what their linguistic form is, it is impossible to draw an informed conclusion as to whether dissents belong to Czech legal culture. The most significant passages of the text are therefore those in which the general premises and arguments associated with dissents are compared with the practice of dissenting opinions at the Czech Constitutional Court.

The text seeks to demystify some of the arguments associated with dissents, or rather tries to confront them with reality, and thus continuously reaches a conclusion as to what conditions are appropriate for the introduction of dissents and what demands should be made on their procedural regulation.