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In praise of dissenting judgments

A former Supreme Court justice says he regrets the unanimity in the prorogation case

By Simon Brown  

The building of the UK Supreme Court. Photo: Alberto Pezzali/NurPhoto/PA Images

I wrote some years ago an essay on dissenting judgments for an OUP publication to commemorate Alan Rodger, former Lord Advocate and Supreme Court justice. I am prompted to reference this because of its possible relevance to the recent unanimous decision of the 11 justices of the Supreme Court in Miller 2, the prorogation case.

The essay as a whole discusses in some detail the pros and cons of dissents in a variety of contexts including of course final…

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