The Role of Dissenting Opinion in the Final Acts of the Constitutional Court

Abstract

This research examines the role of dissenting opinions in the final acts of constitutional courts, focusing on their legal nature, functions and impact on judicial decision-making. The study combines doctrinal and comparative analysis of the practices of the Constitutional Court of Ukraine, the Federal Constitutional Court of Germany and the Supreme Court of the United States, as well as relevant international standards. Particular attention is paid to the discrepancy between the normative regulation of dissenting opinions in Ukraine and their actual application in judicial practice. The results of the research demonstrate that dissenting opinions serve as an important instrument for enhancing transparency, accountability and the quality of judicial reasoning, while also raising concerns regarding legal certainty and institutional authority. Based on the findings, the study systematizes the theoretical and practical aspects of dissenting opinions, evaluates their impact on the legitimacy and authority of constitutional courts, identifies gaps in Ukrainian legislation, and proposes targeted legislative improvements.