I HAVE SPOKEN AND SAVED MY SOUL: A QUALITATIVE ANALYSIS OF DISSENTING BEHAVIOUR OF CZECH CONSTITUTIONAL JUDGES
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Abstract
This paper presents a qualitative study on the dissenting behaviour of judges at the Czech Constitutional Court (CCC). It explores the motivations behind dissenting opinions, the impact of collegiality, and the role of unwritten rules and norms, particularly the ‘norm of consensus’. Through interviews with judges from the third decade of CCC (n=9), this study identifies three stances towards the norm of consensus that the CCC judges identify with: the hater, the fan and the strategist. The findings highlight four utilities motivating judges to dissent: previous experience, emotional vent, workload and importance of the case. Overall, this research contributes to a deeper understanding of judicial behaviour in the context of the CCC and offers insights for future research that is relevant to other constitutional courts operating within civil law traditions.
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