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The dissentient, Judge Tulkens, noted there was no evidence of Sahin's reasons for wearing the headscarf, or that she was seeking to make any particular statement, or achieve any particular purpose, by wearing it.
Dissentients are Rieth, Gnomon 10 (1934), 643-6; Die Kunst Menanders (n.
The Clergy have given us their distinct and expressed approval; and there is no class of dissentients that has not supported, upon the broad principle of public virtue, our adherence to those undisputed maxims of morals and Christianity upon which all good men are agreed.
226) Arguably, the test formulated by Crennan and Bell JJ is more exacting than that articulated by the dissentients.
The other two dissentients remained silent on this issue.
Professor Berger argued that "[a]part from a few radical dissentients, there was a wide consensus that control over suffrage had from the beginning been left with the States, as was categorically stated by [framers Thaddeus] Stevens, [William] Fessenden, [Roscoe] Conkling, [John] Bingham, and many others.
125) And Callinan J was in a majority of five--the dissentients were Gummow and Hayne JJ--who held for the appellant in Crimmins v Stevedoring Industry Finance Committee (126) and concluded that a duty of care was owed to him to ensure his safety at work on the part of the stevedoring authority which was the predecessor of the defendant.
87) The dissentients also found that the power to legislate with respect to 'aliens' was limited by the constitutional injunction that the 'judicial' power could only be exercised by a court of law.
In this, the dissentients reflect a powerful decision of the New Zealand Court of Appeal: Bottrill v A [2001] 3 NZLR 622 (Richardson P.
113) An example of this in the High Court is the influence of the dissentients (notably Dawson and McHugh JJ) in the freedom of speech cases of the 1990s.