The Dissenting Opinion: Voice Of The Future Analysis

When resolving a legal dispute, judicial opinions are made. An example of this is the dissenting opinion, which is an opinion that expresses disagreement with the majority opinion made by the court. The Honourable Claire L’Heureux- Dubé explores this topic in her article “The Dissenting Opinion: Voice of the Future?”. Her compelling argument, expressed in her core thesis that can be found in part I, that dissent is of importance in the legal system as it allows for all the potential and possibility in law to be achieved, is supported well throughout the article, as to be discussed in this essay.
The article has the fundamental purpose of confirming that dissenting opinions are of value in the development of the law. The author demonstrates that dissent is an important topic to discuss …show more content…
The author provides excellent examples, as mentioned earlier, further showing how dissenting opinions can be used to better the future in life, and more specifically in the context of the legal system. Her claims and points are understandable; her points are clearly made with excellent explanations. Though the author makes a good argument by her thesis, that dissent extends the supposed boundaries of the law for a better purpose, there are always counter-arguments that can be raised, as she even mentions herself. For example, dissenting opinions are often found to become obsolete in cases where the majority opinion is of more precedential value. The author effectively addresses this counter-argument; however, this is mentioned only briefly, with little to defend itself. Another counter-argument that could be raised to the author’s core thesis and argument is that there is a possibility that dissent could prohibit changes; this is unlikely but if so, innovation in law could become limited. Overall, the author makes a compelling