Judicial Dissent: a pillar of democracy – Tim Prudhoe speaks at CLC 2025

Tim Prudhoe is presenting at the 24th Commonwealth Law Conference 2025 in Malta.

Date: 10 April

Session: B10 Judicial Dissent – a pillar of democracy

Time: 13.30 – 15.00

Venue: The Hilton Hotel and Conference Centre, St Julian’s Bay, Malta

Details: Most Commonwealth Constitutions gives rise to a democratic system of government. The ultimate sovereign is the people. Therefore, the Constitution must develop as social, political, and legal circumstances change. In a democratic society, the Constitution (as a living organism) cannot be frozen in time. Constitutional development is achieved through the separation of powers which requires judicial independence. Central to this independence is the freedom to dissent. 

This panel will explore the role of judicial dissent and the foundational role it plays in constitutional law – specifically, the way it injects democratic values into the judiciary. A transparent interpretation of the Constitution allows the people to criticise and evaluate constitutional development.