Právní věta a ratio decidendi

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Title in English The so called "legal sentence" and ratio decidendi
Authors

SMEJKALOVÁ Terezie

Year of publication 2012
Type Article in Periodical
Magazine / Source Jurisprudence
MU Faculty or unit

Faculty of Law

Citation
Field Law sciences
Keywords ratio decidendi; legitimacy of the judiciary
Description This paper deals with the concept of so called "legal sentences" within the context of Czech legal system. It deals with the issue of the "legal sentences", their intended and real nature and it discusses them within the wider context of the judiciary. Based on analogy with the concept of ratio decidendi, the core of precedents in the common law systems, this paper focuses on the dangers that are connected with the use of these "legal sentences".
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