Publication details
Odkazy na soudní rozhodnutí a symbolická hodnota informace
| Title in English | References to case law and symbolic value of information |
|---|---|
| Authors | |
| Year of publication | 2013 |
| Type | Article in Periodical |
| Magazine / Source | Jurisprudence |
| MU Faculty or unit | |
| Citation | |
| Web | http://www.jurisprudence.cz/cz/casopis/odkazy-na-soudni-rozhodnuti-a-symbolicka-hodnota-informace.m-62.html |
| Field | Law sciences |
| Keywords | references to case law; case law; symbolic value; comprehensibility; legitimacy |
| Description | This article tackles the issue of referencing past case-law in judicial decisions. Mere presence of such references and their number is being linked to the wider legal and social context. Starting with initial overview of the frequency of references to Czech as well as foreign case law this paper discusses the concept of normative coherence and the role of the references within this concept. It further asks whether the frequency of these references does have a telling value by itself. These considerations are concluded by a discussion on a dynamic role of the judiciary that is being reflected by the power of its outputs to generate their own normative value, hence the judiciary's own role within the legal system. |