Prospective and retrospective overruling in the Czech legal system

Title:

Prospective and retrospective overruling in the Czech legal system

Creator:

Kühn, Zdeněk

Identifier:

https://cdk.lib.cas.cz/client/handle/uuid:3103f3be-5e63-47f8-9e66-e7c9abc394d5
uuid:3103f3be-5e63-47f8-9e66-e7c9abc394d5

Subject:

case law, precedent, overruling, and temporal effects of overruling

Type:

article, model:article, and TEXT

Description:

The paper deals in great detail with the problem of prospective and retrospective overruling of caselaw in the Czech legal system. First, the paper explains the concept of precedent in the Czech legal system. Itanalyzes how precedent was approached in the 1990s and how this changed in the 21st century. Then the textdiscusses various options of temporal effects of the case law in general and in the Czech Republic in particular.The practice of general courts and the Constitutional Court is addressed first. Finally, the case law of theSupreme Administrative Court is dealt with. It provides possibly the most complex mechanism to deal withtemporal effects of overruling in the Czech legal system

Language:

English

Rights:

http://creativecommons.org/publicdomain/mark/1.0/
policy:public

Source:

The lawyer quarterly: international journal for legal research | 2014 Volume:4 | Number:2

Harvested from:

CDK

Metadata only:

false