Non-domination inside the Constitutional Tribunal? Dissent in the Polish Constitutional Tribunal

The aim of this paper is to critically approach the patterns of dissent in the Polish Constitutional Tribunal after its so-called capture by the governing Law and Justice party. The analysis departs from the mid-2015, when new judges started to be appointed by the new government, and continuous until until March 2020. It provides with the statistical overview on the number of dissenting opinions in the court, as well as briefly describes reasons for dissent. The paper tries to answer the question whether there is a fixed majority in the court jury that continuously agrees over the cases, or rather the dissent is possible and welcomed, what might be mirrored in different constitutional judges giving the vota separata. The analytical framework for this paper is the non-domination principle and its bearing on the majoritarian decision taken up in the court.