The Privy Council reached decisions by majority vote but issued those decisions as unified pronouncements, regardless of dissenting
opinions are grounded in the same deeply rooted constitutional principles as majority opinions and--perhaps even more so than their counterpart--spark ongoing debate amongst the public in the wake of an especially close or controversial decision.
3) The records also provide information about the reasons for the Committee's decision and usually a summary of any dissenting
In Part I, I lay the foundation for the international debate by presenting the principal arguments for and against the publication of dissenting
Simmons-Harris, (46) where a bloc of four dissenting
Justices promised persistent dissent, Fried observed that it is "hard to claim that this case has brought stability to the law or definitively moved the issue to the political arena.
from denial of certiorari) (footnotes and internal citations omitted).
In his essay on dissenting
opinions, (3) Justice Carter stated, "The right to dissent is the essence of democracy--the will to dissent is an effective safeguard against judicial lethargy--the effect of a dissent is the essence of progress.
Second, it served as a flagship and model for a loose national network of Dissenting
schools, thereby promoting its unique pedagogy of free inquiry and critical debate in seminar-style settings as an alternative to the educational morass of eighteenth-century public schools and Oxbridge.
Justice Ginsburg, in reflecting on dissents, observed that "with difficult cases on which reasonable minds may divide, sometimes intensely, one's sense of [j]ustice may demand a departure from the majority's view, expressed in a dissenting
Despite the rich tradition of the American common school and its value to our country (remember Commager's "our schools have kept us free"), the reader of the The Dissenting
Tradition would do well to pay attention to the lessons from dissenters Carper and Hunt believe we should observe.
When considering the role of judicial dissent, Chief Justice Hughes (1936) once wrote that "A dissent in a court of last resort is an appeal to the brooding spirit of law, to the intelligence of a future day when a later decision may possibly correct the error into which the dissenting
justice believes the court to have been betrayed" (p.
Meanwhile, conservative Canadian Anglicans said the recommendations made recently by the Archbishop of Canterbury's Panel of Reference "fall short" of providing "adequate protection" to dissenting