Publication details
Sběrné odkazy k judikatuře a využití citační analýzy ke zvýšení transparentnosti rozhodování
| Title in English | Case Law References and Using Citation Analysis to Enhance Transparency of Jurisprudence |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Právník |
| MU Faculty or unit | |
| Citation | |
| web | Repozitář MU |
| Field | Law sciences |
| Keywords | Case Law References; Citation Analysis; Jurisprudence Constante; Transparency of Jurisprudence |
| Attached files | |
| Description | The term of jurisprudence constante is commonly used throughout the Czech jurisprudence. Despite that, the term itself has never been clearly defined. Therefore it is not evident which particular decisions are cited by the court. It is also nearly unverifiable if the case law cited in the court decision really addresses the same problem. Moreover, the misleading use of the term constant jurisprudence can cause the expansion of inadequately reasoned opinion to the practice of other courts. This is the reason why this article discusses the problems connected to the constant jurisprudence and suggests a solution to the problem of how to contribute to the clarification of the case law. The aim is to use a citation analysis tool which would raise the transparency and set clear rules to the field of constant jurisprudence. The paper thus presents both theoretical and practical methodological considerations related to the citation analysis, leading to a practical implementation in the future. |
| Related projects: |