Publication details

Publikací to nekončí: analýza přístupnosti judikatury Nejvyššího správního soudu

Title in English It does not end with the Publication: an Analysis of the Accessibility of the Case Law of the Supreme Administrative Court
Authors

CHVOJKA Šimon

Year of publication 2024
Type Article in Periodical
Magazine / Source Pravnik
MU Faculty or unit

Faculty of Law

Citation
Web Open access článku - s časovým embargem
Keywords Supreme Administrative Court; publication; search; case-law; decision; metadata
Description Searching case law is the bread and butter of the legal profession – advocates do it to support their conclusions, academics do it to analyse and critique decision-making, and judges and their clerks do it to prepare decisions. The ability to search case law effectively is therefore very important. This paper discusses the possibilities and limitations of searching the official search engine of the Supreme Administrative Court through full-text and metadata searches, using citations of relevant legislation and case law. This analysis shows that the approach of the courts is inconsistent at several levels. These include inconsistent citations of legislation and case-law in the text and different approaches to assigning metadata to decisions. As a result, the usability of the official search engine is very limited, as the user cannot be sure of the completeness of his search or is overloaded by the number of irrelevant results.
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