Breaking the Principle of Secrecy
An Examination of Judicial Dissent in the European Constitutional Courts
Bibliographic Data
| ID | 7907320 |
|---|---|
| Authors | Benjamin Bricker (0000-0002-1550-4573, corresponding author) |
| Year | 2017 |
| Volume | 39 |
| Issue | 2 |
| Pages | 170-191 |
| Publication date | 2017-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Policy (JOURNAL) |
| Journal identifiers | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/lapo.12072 |
| OpenAlex | W2555940821 |
| Language | EN |
| Citations received | 8 |
| References cited | 29 |
As “oracles of the law,” judges are trained to provide certainty and guidance within an often‐uncertain legal landscape. Nowhere is this statement truer than in the civil law tradition, where the idea of legal certainty has been prized as a “supreme value.” Despite this tradition, dissenting opinions are now quite common within most European constitutional courts. Using new data from five countries and interviews with constitutional court judges and clerks, I investigate factors that contribute to dissent on constitutional courts. Results indicate that legal and policy characteristics matter, but so do judicial backgrounds and the issues reviewed
Certainty · Constitution · Constitutional court · Constitutional review · Constitutional right · Dissent · Dissenting opinion · Judicial review · Legal certainty · Political science · Secrecy · Supreme court · European and International Law Studies · Judicial and Constitutional Studies · Law · Law in Society and Culture · Philosophy
Spurred by legal tradition or contextual politics? Lessons about judicial dissent from Slovenia and Croatia
Judicial Review in a Defective Democracy
How Docket Control Shapes Judicial Behavior
Law and Politics in the Inter-American Court of Human Rights
Constitutional and Legal Regulation of State Authority Interaction on Citizen Appeals
Lifting the veil of secrecy – dissenting opinions in the subnational constitutional courts of Germany
From a potentially powerful to a polarised court
Ideological influences on governance and regulation
Governing with Judges
Courts
The Politics of Constitutional Review in Germany
Comparative Politics
The Civil Law Tradition, 3rd Edition
The Roosevelt Court
Children of a Lesser God
Patterns of democracy
A Global Measure of Judicial Independence, 1948–2012
Judicial Disagreement need not be Political
Three decades of populist radical right parties in Western Europe
Measuring party positions in Europe
The Electoral Connection
Courting the Public
Dissensual Decision Making
Choosing between the government and the regions
Dissent in Iberia
The Politics of Judicial Procedures
Ex Ante Versus Ex Post Deliberations
| Unique citing works | 8 |
|---|---|
| Citations per year | 1 |
| Citation span | 2018 - 2023 (6) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 8 |