Dissent aversion
Dissent aversion is the judicial phenomenon that implies that judges do not like dissenting opinions in the jurisdictions where they are possible nor do they like to dissent themselves. A common example is as follows: On a panel of three judges, only one feels strongly about the decision. One of the two remaining may side with the first judge, leaving the third judge with the option of dissenting on an issue they do not feel strongly about or siding with the majority.
Judges dislike dissent for many reasons. Dissent aversion can come from these sources:
- It frays collegiality.
- It magnifies the majority opinion.
- It is additional work.
- It detracts from the significance of their own majority opinions.