PROSPECTIVE AND RETROSPECTIVE OVERRULING IN THE CZECH LEGAL SYSTEM

Zdeněk Kühn

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. 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.

Keywords


case law; precedent; overruling; temporal effects of overruling

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