Publication details
The Nature of Unifying Opinions of Czech Supreme Courts
| Authors | |
|---|---|
| Year of publication | 2009 |
| Type | Article in Proceedings |
| Conference | The Role and Place of Law in a Society Based on Knowledge |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | unifying opinion; case-law; Czech supreme court; Rechtstaat |
| Description | The aim of this paper is to discuss the notion of the so called unifying opinion, an instrument of the Czech supreme courts for unification of Czech case law. This instrument is said to be a relic of socialist legal systems, surviving in the legal systems of postcommunist countries. It has been subject of criticism from some of the Czech as well as foreign legal theorists, especially due to the fact that it seems to be a significant flaw in the division of powers concept, an inherent element of the Rechtstaat (State of Law). Does this instrument of unifying opinions pose any threat to the modern notion of Rechtsaat? |
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