Political positions and networks of judges. Dissenting opinions of Constitutional Court judges in politically
relevant matters between 1990 and 2015 Cover Image

Politikai pozíciók és bírói hálózatok. Alkotmánybírói különvélemények politikailag releváns ügyekben, 1990–2015
Political positions and networks of judges. Dissenting opinions of Constitutional Court judges in politically relevant matters between 1990 and 2015

Author(s): Gábor Dobos, Attila Gyulai, Kálmán Pócza
Subject(s): Politics, History of Law, Sociology of Law
Published by: MTA Politikai Tudományi Intézete
Keywords: Constitutional Court; dissenting opinion; network; attitudinal model

Summary/Abstract: The study investigates three phases in the activity of the Hungarian Constitutional Court through an analysis of dissenting opinions added to majority decisions in politically relevant cases. Dissenting opinions reveal individual judicial behaviour which, according to the attitudinal model, might be linked to the political position of the parties that nominated the judges. Beyond examining individual decision-making, the article applies network-analysis to identify whether patterns in dissenting opinions might be differentiated according to political positions and a left-right partition. According to our findings, political blocs did not emerge and become dominant after 2010; rather, this phenomenon was already present during the second phase of the Court (1999–2010) as the judges could be differentiated along the political positions they adopted in their dissenting opinions. During the third phase (2010–2015), the network of judges proved to be less polarised, and beyond a left-right opposition a separation between old and new judges also emerged

  • Issue Year: XXVII/2018
  • Issue No: 4
  • Page Range: 7-35
  • Page Count: 29
  • Language: Hungarian