Dissenting Opinion of a Judge in Constitutional Proceedings

Abstract

The paper examines the role, purpose and potential of the institution of a judge's dissenting opinion in the context of the modernization of Russian constitutional legislation, provides scientific arguments of lawyers who express doubts about the expediency of public judicial positions, and supporters of the legal institute. The historical process of the formation of its legal foundation from the point of view of genesis in various states is revealed. On the basis of a comparative analysis, the positions related to the publicity and transparency of dissenting opinions, fundamental for the domestic legal order and characteristic of foreign legal thought, are highlighted, the processes of expanding the scope of their procedural capabilities in relation to the constitutional proceedings of the Russian Federation and the Anglo-Saxon states are compared. The problems of the implementation of foreign institutions in the rule of law with an incompatible legal tradition in the absence of political and other prerequisites for their full implementation are discussed.