Obiter dictum v praxi českých soudů: kdy ho psát a kdy se mu raději vyhnout
| Title in English | Obiter dictum in the Practice of Czech Courts: when to write it and when to avoid it |
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| Authors | |
| Year of publication | 2023 |
| Type | Article in Periodical |
| Magazine / Source | Pravnik |
| MU Faculty or unit | |
| Citation | |
| web | Open access článku |
| Keywords | binding; court decisions and their structure; obiter dictum; personality of the judges; ratio decidendi |
| Description | The article deals with the internal structure of the decisions of the Czech courts and, in particular, the differentiation of the parts referred to as ratio decidendi and obiter dictum. The author comments on the binding nature of obiter dictum and emphasizes that it is not the judge who writes it, but the following practice that decides which part will actually be considered obiter dictum in the future. In the next part of the text, the author gives concrete examples from practice, on which he demonstrates when obiter dictum should not be part of judicial decision-making, and on the contrary, cases where obiter dictum appears to be very bene-ficial. The final part of the article attempts to characterize individual types of judges’ personalities according to how they deal with obiter dicti. © 2023, Academy of Sciences of the Czech Republic, Institute of State and Law. All rights reserved. |