K otázce normativity judikatury v České republice

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Title in English Problems of normativity of the Czech case-law
Authors

SMEJKALOVÁ Terezie

Year of publication 2008
Type Article in Proceedings
Conference Dny práva - 2008 - Days of Law
MU Faculty or unit

Faculty of Arts

Citation
Field Law sciences
Keywords case-law; normativity; normative value of the case-law
Description This article is a contribution to an ongoing discussion concerning the binding force of Czech case-law for future cases. To evaluate this force, the so called continuum of normative values is used. In this continuum, formal bindingness - as known to the Czech legal theory - is only one of possible normative values. This evaluation is based mainly on the opinions expressed by the Czech courts themselves in the rationales of their decisions.
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