Journal of the Charles University Law Faculty
Jakub Stádník
Author’s affiliation:
Faculty of Law, Charles University in Prague
The Art of Disagreement: Dissenting Opinions in the Context of the Legitimacy od Court Decision
Jurisprudence 4/2021 Section: Articles Page: 1-11
Keywords: Dissenting opinion, separate opinion, Constitutional Court, legitimacy
Abstract: This text deals with dissenting opinions, especially in terms of their impact on the legitimacy of judicial decisions. After a definition of the term itself, a brief introduction to foreign and Czech legislation is given. At the same time, the text presents some dilemmas related to dissents. It turns out that without a closer examination of what is the subject of dissents, how they are formed in practice or what their language form is, it is not possible to draw a conclusion as to whether dissents belong to the Czech legal culture. The most important passages in the text are therefore those in which the general starting points and arguments related to dissents are compared with the practice at the Czech Constitutional Court. The text seeks to demystify some arguments associated with dissents, tries to confront them with reality, and thus continuously arrives at what conditions are suitable for dissents and what demands must be placed on their procedural regulation.
