Why judges should dissent

This article discusses why judges at intermediate appellate courts should dissent when they are in disagreement with their colleagues as to either the outcome of a case or the reasons given to reach a particular decision. The authors argue that dissenting judgments promote individual judicial responsibility and demonstrate transparency as to how a decision was reached by a panel of judges. They also describe how dissenting judgments have the ability to potentially shape the law at different courts, including international courts. The article goes on to describe the challenges judges face when deciding whether to dissent. Specifically, the authors discuss how the politicization of judgments, the indeterminacy of decisions, and the fracturing of collegiality within a court can deter judges from writing a dissenting judgment.