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The Judicial Dissent: Publication v. Secrecy

The Judicial Dissent: Publication v. Secrecy KURT H. NADELMANN The Judicial Dissent Publication v. Secrecy "The Rule of Law as Understood in the West" was considered at a round-table held by the International Association of Legal Science in Chicago in September, 1957. In the course of the discussion, a German participant, member of the German Constitutional Court, who had referred to a decision of his court, was asked what the vote had been in the case. His answer was a reference to a rule in German law re­ quiring judges to keep the deliberation secret. The question may be asked, and it has been, whether a system under which the results of the vote in a court and dissenting opinions are concealed, particularly in the highest courts, can be considered to be in harmony with the requirements of public control of the courts, the responsibilities of the office of the judge, and "The Rule of Law." Com­ parative studies of the practices of the highest courts are lacking. An attempt will be made to survey shortly the law in the Western World on the right of judges to make their individual vote known. Anselm von Feuerbach recalled that under early Germanic as well as early http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Judicial Dissent: Publication v. Secrecy

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Publisher
Oxford University Press
Copyright
© 1959 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/837689
Publisher site
See Article on Publisher Site

Abstract

KURT H. NADELMANN The Judicial Dissent Publication v. Secrecy "The Rule of Law as Understood in the West" was considered at a round-table held by the International Association of Legal Science in Chicago in September, 1957. In the course of the discussion, a German participant, member of the German Constitutional Court, who had referred to a decision of his court, was asked what the vote had been in the case. His answer was a reference to a rule in German law re­ quiring judges to keep the deliberation secret. The question may be asked, and it has been, whether a system under which the results of the vote in a court and dissenting opinions are concealed, particularly in the highest courts, can be considered to be in harmony with the requirements of public control of the courts, the responsibilities of the office of the judge, and "The Rule of Law." Com­ parative studies of the practices of the highest courts are lacking. An attempt will be made to survey shortly the law in the Western World on the right of judges to make their individual vote known. Anselm von Feuerbach recalled that under early Germanic as well as early

Journal

American Journal of Comparative LawOxford University Press

Published: Oct 1, 1959

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