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The Role Of Dissenting And Concurring Opinions In The Constitutional Jurisdiction

Author

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  • Marieta Safta

    () (Titu Maiorescu University of Bucharest, Faculty of Law)

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.

Suggested Citation

  • Marieta Safta, 2016. "The Role Of Dissenting And Concurring Opinions In The Constitutional Jurisdiction," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 5(1), pages 207-213, November.
  • Handle: RePEc:sja:journl:v:5:y:2016:i:1:p:207-213
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    Cited by:

    1. Florentina Camelia Stoica, 2016. "Considerations regarding the constitutional obligation determining the financing source for budgetary expenditures," Juridical Tribune (Tribuna Juridica), Bucharest Academy of Economic Studies, Law Department, vol. 6(2), pages 156-164, December.

    More about this item

    Keywords

    dissenting opinions; concurring opinions; constitutional review; independence of judge.;

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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