Publication details
Obiter dictum a jeho místo a funkce v českém právním systému
| Title in English | The relevance and effects of obiter dicta statements in the Czech legal system |
|---|---|
| Authors | |
| Year of publication | 2021 |
| Type | Article in Periodical |
| Magazine / Source | Jurisprudence |
| MU Faculty or unit | |
| Citation | |
| Web | Repozitář MU |
| Keywords | judicial decision; case law; precedent; judicial reasoning; obiter dictum; ratio decidendi; Czech legal system; common law |
| Attached files | |
| Description | This article examines the part of judicial decision grounds known as obiter dictum. As this notion is inherent to legal systems applying the doctrine of precedent, the article considers whether it has any relevance in the Czech Republic. It addresses and compares the meaning and effects of obiter dicta in England and Wales and the Czech Republic and points to the existence of additional and specific importance attributed to them in the Czech legal system. Consequently, the article assesses whether it is appropriate to write obiter dicta statements in the Czech judicial decisions and whether their use in the Czech legal system is relevant and justified. |