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Judge and JuristEssays in Memory of Lord Rodger of Earlsferry$
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Andrew Burrows, David Johnston, QC, and Reinhard Zimmermann

Print publication date: 2013

Print ISBN-13: 9780199677344

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199677344.001.0001

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Dissenting Judgments

Dissenting Judgments

Chapter:
(p.29) 5 Dissenting Judgments
Source:
Judge and Jurist
Author(s):

Lord Brown of Eaton-under-Heywood

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199677344.003.0005

This chapter reflects on the question of dissenting judgments. In what circumstances are they called for, in what circumstances not? What sort of considerations should animate those contemplating a dissent? In what sort of terms should they be expressed? The reflections concern principally dissenting judgments in the Supreme Court as a final appellate tribunal. It concludes that Lord Rodger's dissenting judgments were never the occasion of the least hostility between members of the court but also challenged the rest of the court to think more deeply about the issues involved. And invariably they were expressed in language of such matchless charm and felicity as utterly to disarm any who might disagree.

Keywords:   dissenting judgments, Supreme Court, final appellate court, Lord Rodger of Earlsferry, Alan Rodger

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