Judikatura, nebo precedens?
| Title in English | "Judikatura" [settled case law], or precedent? |
|---|---|
| Authors | |
| Year of publication | 2019 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| web | Repozitář MU |
| Keywords | case-law; precedent; relevant facts; legitimacy; separation of powers; applicability of precedent |
| Attached files | |
| Description | The aim of this text is to show that decontextualization and ignoring the context set by the relevant (adjudicated) facts of the case in the context of Czech legal system may be considered overstepping boundaries set by separation of powers, and, in consequence, harming the legitimacy of the judiciary as a whole. This text first deals with the notion of precedent as understood in anglo-american legal systems and explains the notion of precedential scope and the importance of facts for the application of precedent. Further, it tackles the Czech concept of “judikatura” [settled case-law] and discusses to what extent may decontextualization of the use of this case-law be considered a risk for the legitimacy of the judiciary in the Czech Republic. |
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