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The value of dissent in constitutional adjudication : a context-specific analysis
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Vitale, David (2014) The value of dissent in constitutional adjudication : a context-specific analysis. Review of Constitutional Studies, 19 (1). pp. 83-108. ISSN 1192-8034.
An open access version can be found in:
Official URL: https://ualawccsprod.srv.ualberta.ca/index.php/rev...
Abstract
This paper addresses the long-standing international debate over whether the publication of dissenting opinions should be permitted in constitutional courts of last resort. It argues in response to this debate that a conclusion of general application is futile. Courts are not identical. Their jurisdictions have unique legal histories, traditions and cultures, they serve different functions and speak to different audiences, and they are composed of members with fundamentally dissimilar training and backgrounds. This paper contributes to the debate by setting out a context-specific analysis for assessing the value of dissent in constitutional adjudication. It considers several contextual factors including the jurisdiction’s tradition, legal history, and culture, the credibility, function, and procedure of the court, and the background and training of the court’s members. Applying this contextual analysis in Canada, this paper concludes that the publication of dissenting opinions is a valuable component of constitutional adjudication in the Supreme Court of Canada.
Item Type: | Journal Article | ||||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||||
Journal or Publication Title: | Review of Constitutional Studies | ||||||
Publisher: | University of Alberta * Centre for Constitutional Studies | ||||||
ISSN: | 1192-8034 | ||||||
Official Date: | 2014 | ||||||
Dates: |
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Volume: | 19 | ||||||
Number: | 1 | ||||||
Page Range: | pp. 83-108 | ||||||
Status: | Peer Reviewed | ||||||
Publication Status: | Published | ||||||
Access rights to Published version: | Restricted or Subscription Access | ||||||
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Open Access Version: |
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