Individual Dissenting of Judges. Comparative and Personal Interest Aspects

Abstract

This publication is devoted to the significance of the dissenting opinions of judges, exploring it by researching the aspects of comparative, historical, importance of personality aspects, and other facets. The author continued to further develop the realizations about dissenting opinions of judges explored in her previous research by linking them with the expression of judge’s mission in clarifying the truth and balancing the need for substantiation of dissenting opinions of judges. The influences of judge’s dissenting opinion on the legislator have also been analysed. The article additionally addresses one of the reflexive links pertaining to science of law and legal practice, as legal theorists, who have joined the judge’s group, participate in the creation of the dissenting opinions, which serves the prosperity of legal science, quality of case law and legal culture.

Keywords

• dissenting opinion of judges
• sciences of law
• judge-made law
• legal culture