首页    期刊浏览 2025年12月29日 星期一
登录注册

文章基本信息

  • 标题:The (Very) Political Dissent: Dissenting Opinions and the Polish Constitutional Crisis
  • 本地全文:下载
  • 作者:Benjamin Bricker
  • 期刊名称:German Law Journal
  • 电子版ISSN:2071-8322
  • 出版年度:2020
  • 卷号:21
  • 期号:8
  • 页码:1586-1605
  • DOI:10.1017/glj.2020.94
  • 出版社:Cambridge University Press
  • 摘要:This Article examines changes in dissent patterns that occurred on the Polish Constitutional Tribunal during a period of intense constitutional and political change in Poland. An analysis of these dissents shows judges only rarely used this opportunity to express the traditional differences of opinion on law or policy. Instead, judges on the Tribunal increasingly used dissents in an altogether new form – as a way to broadcast allegations of legal and procedural violations that occurred within the court’s operation itself. More troublingly, some judges also used their dissents to advance distinctly political narratives and overtly attempt to de-legitimize the court’s announced decisions. Ultimately, these dissents show that constitutional judges may not be immune to participating in the larger social and constitutional battles within society. In fact, these dissent patterns suggest that, in a more fragmented and polarized era of politics, judges can and have made use of the dissent as a way to broadcast distinctly political messages.
  • 关键词:Dissent; judicial decision-making; deliberations; judicial independence; Poland
国家哲学社会科学文献中心版权所有