Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making
This paper concerns a problem of expressing a dissenting opinion (Lat. votum separatum). The author ...
The Supreme Court of Canada released seven Charter decisions in 2012 that were not unanimous. When c...
Critics of judicial dissents argue that the dissent is an exercise in futility that detracts from th...
The chapter examines the extent to which judges address each other's arguments in their written judg...
I argue that dissenting opinions play an important role in the formation of precedent in the context...
Full text of this book is not available in the UHRAIn this text an expert law team of contributors r...
The distinction between dictum and holding is at once central to the American legal system and large...
In recent decades, legal scholars have devoted substantially greater attention to studying the origi...
Judges regularly espouse dicta. Traditional obiter dicta, remarks that are clearly asides and not ab...
This thesis aims to assess the role played by disagreement in the High Court’s constitutional l...
In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court....
The intricacies of dicta and dissent by Neil Duxbury. Cambridge: Cambridge University Press, 2021. p...
In the collegial world of appellate judging, where the dominant impulse is consensus, dissents depar...
none1siIn several Courts of last resort, judges are permitted to publish a dissenting opinion. This ...
This paper addresses the long-standing international debate over whether the publication of dissenti...
This paper concerns a problem of expressing a dissenting opinion (Lat. votum separatum). The author ...
The Supreme Court of Canada released seven Charter decisions in 2012 that were not unanimous. When c...
Critics of judicial dissents argue that the dissent is an exercise in futility that detracts from th...
The chapter examines the extent to which judges address each other's arguments in their written judg...
I argue that dissenting opinions play an important role in the formation of precedent in the context...
Full text of this book is not available in the UHRAIn this text an expert law team of contributors r...
The distinction between dictum and holding is at once central to the American legal system and large...
In recent decades, legal scholars have devoted substantially greater attention to studying the origi...
Judges regularly espouse dicta. Traditional obiter dicta, remarks that are clearly asides and not ab...
This thesis aims to assess the role played by disagreement in the High Court’s constitutional l...
In this Article we offer the first comprehensive evaluation of oral dissenting on the Supreme Court....
The intricacies of dicta and dissent by Neil Duxbury. Cambridge: Cambridge University Press, 2021. p...
In the collegial world of appellate judging, where the dominant impulse is consensus, dissents depar...
none1siIn several Courts of last resort, judges are permitted to publish a dissenting opinion. This ...
This paper addresses the long-standing international debate over whether the publication of dissenti...
This paper concerns a problem of expressing a dissenting opinion (Lat. votum separatum). The author ...
The Supreme Court of Canada released seven Charter decisions in 2012 that were not unanimous. When c...
Critics of judicial dissents argue that the dissent is an exercise in futility that detracts from th...