Misztal-Konecka Joanna, Separate and Dissenting Judicial Opinions and Their Significance for a Democratic Society. Reflections Against the Background of Polish Law

Legal conflicts are inherent in the functioning of any community, and the responsibility for their peaceful resolution is borne by public authorities. Nowadays, this task is carried out by properly formed judicial bodies, whose composition and the competences required of judges differ depending on the difficulty and importance of the dispute to be resolved. Consequently, specialized courts and tribunals are often set up to deal with cases of greater factual or legal complexity, and usually the administration of justice is then entrusted to a judicial panel consisting of several, a dozen or even dozens of persons. In such cases, it becomes necessary to determine how the content of the judgment is decided. Theoretically, possible solutions include, on the one hand, the requirement of a unanimous decision, and, on the other, resorting to qualified or simple majority voting.

If the legislature allows a particular court or tribunal to make decisions by a majority vote, it means that it...