What is a voto particular ?

Voto particular is a “separate opinion” offered by a judge in response to the majority opinion of his colleagues in a judgment in a given case. The expression is often thought to refer exclusively to a judge’s disagreement with his colleagues and thus has been rendered on many occasions as “dissenting opinion.” However, voto particular may also denote a “concurring opinion” in which a judge agrees with the majority opinion but for different reasons. This distinction is made in Spanish by differentiating between voto particular disidente (or) discrepante (dissenting opinion) and voto particular concurrente (concurring opinion).

In other respects, in the language of court decisions formular voto particular disidente (or) discrepante is simply “to dissent,” while formular voto particular concurrente is “to concur.” Adherirse is used to denote a judge’s “joining” another’s opinion: adherirse al voto particular disidente/discrepante o concurrente (“to join a dissenting or concurring opinion”). Thus, for example, voto particular concurrente que formula el Magistrado D. Luis López Guerra al que se adhiere el Magistrado D. Tomás S. Vives Antón would appear in English as “Judge Luis López Guerra, with whom Judge Tomás S. Vives joins, concurring.” Likewise, in English an expression such as “Justice White, with whom Justice Blackmun and Justice Stevens join, dissenting” denotes a voto particular disidente (or) discrepante formulado por el Magistrado White, al que se adhieren los Magistrados Blackmun y Stevens.

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