Publication at Faculty of Law |
2014
Abstract
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.
It analyzes how precedent was approached in the 1990s and how this changed in the 21st century. Then the text discusses 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 the Supreme Administrative Court is dealt with. It provides possibly the most complex mechanism to deal withtemporal effects of overruling in the Czech legal system.