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Comparative Reasoning in European Supreme Courts$
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Michal Bobek

Print publication date: 2013

Print ISBN-13: 9780199680382

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199680382.001.0001

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Czech Republic

Czech Republic

Chapter:
(p.152) 8 Czech Republic
Source:
Comparative Reasoning in European Supreme Courts
Author(s):

Michal Bobek

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199680382.003.0009

Assessing the role of comparative reasoning in the Czech legal system is a study in gaps. First, there is the gap between the practice in some of the courts, where comparative arguments are being made, especially in significant cases, and the standard legal theory, which is not able to account for such practice and conceptualize it. Secondly, there is the differentiation in the openness to comparative arguments between, on the one hand, the Ústavní soud and the Nejvyšší správní soud, and the Nejvyšší soud on the other. Both these gaps, caused by various aspects of the on-going legal transition, are discussed in detail.

Keywords:   Czech Republic, Ústavní soud, Nejvyšší soud, Nejvyšší správní soud, Central Europe, communism, comparison and ideology, positivism, legal transition

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