When Do Judges Decide to Disagree?

The paper will use a rich dataset from the Slovenian Constitutional Court to analyze when and why judges disagree, and when they try to reach consensus. The analysis is based on assumption that a decision of a judge to vote in favour or against a Court's decision is based not only on the intensity of his of her disagreement with the majority ruling and its reason, but also on individual characterics of a judge and the efforts that judges as a group are willing to invest into reaching a consensus. The dataset includes a full voting record of 27 judges that composed the Court in three different periods – immediately after a Constitution of independent Slovenia based on principles of rule law and liberal democracy was adopted; in the politically stable period of a gradual economic transition; and in the period marked by severe economic crises and political instability.