Please use this identifier to cite or link to this item:
https://www.um.edu.mt/library/oar/handle/123456789/126707| Title: | Dissenting opinion, judicial review and democracy |
| Authors: | Corso, Lucia |
| Keywords: | Dissenting opinions Constitutional courts Judicial process Judges Law -- Public opinion |
| Issue Date: | 2010 |
| Publisher: | University of Malta. Faculty of Laws |
| Citation: | Corso, L. (2010). Dissenting opinion, judicial review and democracy. Mediterranean Journal of Human Rights, 14(2-3), 159-184. |
| Abstract: | The purpose of this article is to discuss and argue in favour of two ideas. The first states that where dissenting opinions are allowed within the decisions of the Constitutional Courts such decisions may be more democratic than similar decisions taken where dissent cannot be disclosed. This means that dissenting opinions may be a tool to overcome or resist the most common objection to judicial review which goes under the label of countermajoritarian difficulty. The second idea states that dissenting opinions may faster the democratic nature of the entire legal system. |
| URI: | https://www.um.edu.mt/library/oar/handle/123456789/126707 |
| Appears in Collections: | Mediterranean Journal of Human Rights, volume 14 : number 2-3 (double issue) |
Files in This Item:
| File | Description | Size | Format | |
|---|---|---|---|---|
| Dissenting_opinion,_judicial_review_and_democracy(2010).pdf | 11.45 MB | Adobe PDF | View/Open |
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