Terezie Smejkalová

References to Judicial Decisions and Symbolic Value of Information

Jurisprudence 8/2013 Section: Articles Page: 3-9

Keywords: case law, references, court of justice, justice, society

Abstract: The article deals with the nature of references to judicial decisions in judicial decisions themselves. The presence of these references and their frequency is given in the context of the wider legal and social context. After an introductory overview of the frequency of references to Czech and foreign case law in a particular set of judgments, this text first discusses the concept of so-called normative coherence and the role of references to case law is discussed in the light of this concept. It then examines whether the frequency of references to the case law may not have explanatory value in itself. These discussions are concluded in consideration of the dynamic role that the judiciary plays when through their outputs can influence their own normative value, and thus by extension, their own broader role in the legal system.