ABSTRACT

Dissent in courts has always existed. It is natural and healthy that judges disagree on legal issues of a certain importance and difficulty. This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book aims to observe, compare and systematise the practice of dissenting opinions in European constitutional courts within the existing theoretical framework. Judicial dissent is discussed from the perspective of the civil law tradition. An in-depth study of continental European practice allows to make a careful comparison with the common law tradition, where these studies have already been conducted. The book looks at the practice of judicial dissent from the perspective of legal science. Only the Hungarian Constitutional Court has been object of a careful examination and empirical analysis. Examining the practice of dissenting opinions in a court that enjoyed high prestige may help up us reflect on the relationship between judicial dissent and a court's authority.