Cosimo Nicolini Coen

Unity and plurality: the phenomenon of the separated opinions in a Constitutional Court

  • Abstract

Informations and abstract

Keywords: Minority Opinions and Judicial Dissent, Judicial Accountability, Hermeneutic and Pluralism, Civil Society, Constitutionalism.

The aim of the article is to investigate the phenomenon of minority opinions enounced in a Court. To do this I shall identify some of the traits characterizing the status of minority opinions as well as detect the theoretical implications for our conception of the law. The thesis argued is that the emergence of dissent in a (constitutional) Court is problematic to the extent that it presents plurality where a form of synthesis is sought and expected. I shall investigate these aspects in relation to the debate raised about the hypothesis of introducing the Dissenting in the Italian Constitutional Court.

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