Majority opinions are issued by panels of judges in appellate and supreme courts in the US, UK, Canada, and EU. They establish binding law and reflect the collective decision of the court. Dissenting and concurring opinions do not carry the weight of precedent.
When a case is heard by a panel of judges, the judges must consider the facts together and issue a single opinion describing the outcome. Such an opinion is known as a majority opinion because it contains the judgment and views of a majority – at least half – of the presiding justices. All appellate courts and supreme courts in the United States, United Kingdom, and Canada deliver majority opinions. The review courts of the European Union, including the highest European Court of Justice, also issue majority opinions. The opinions of the majority establish binding law, but judges who disagree with the majority may present dissenting opinions which also become part of the record.
A majority opinion affirms the collective decision of a panel of judges. After the case has been heard, the judges vote on the outcome and a judge is selected to write an opinion expressing the collective point of view. Most courts of first instance and trial courts issue only simple opinions: that is, opinions decided by a judge, expressing only that judge’s assessment of the case. A majority opinion usually comes into play when and if an original ruling is challenged.
Appellate cases in the common law system are usually brought before a panel of three judges, selected from a larger pool. The common law system began in the United Kingdom and has been the foundation for the legal systems of the United States and most of the English Commonwealth countries, including Canada and Australia. The opinion of the majority of appellate courts in these countries reflects the reasoning of two-thirds of the court, if not the entire court. The majority opinion becomes part of the jurisprudence, until further appeal or overturn.
Supreme courts and major review courts also issue majority opinions. In the European Union, the European Court of Justice adjudicates cases on rotating panels of three, five or 15 judges who together must deliver an opinion by a single majority. The Supreme Court of the United Kingdom has 12 justices. In the United States and Canada, the supreme courts have nine justices. The supreme courts of each state in the United States also consist of nine.
A majority opinion of the Supreme Court of the United States or the Supreme Court of any state must represent the conclusions of at least five justices, usually more. A supreme court majority opinion that is split 5/4 is generally considered highly controversial. Judges who disagree with the majority usually write their own dissenting opinions, which outline their objections. Judges who agree with the court’s final decision but dispute some aspect of the reasoning will count in the majority, but will often also write concurring opinions.
In all jurisdictions, only the majority opinion is considered binding law. Dissenting and concurring opinions become part of the permanent record of the case, but do not carry the weight of precedent. Judges in later cases often consider dissenting and concurring opinions, but can rely on nothing but a majority opinion in applying the law to the facts.
Protect your devices with Threat Protection by NordVPN
