Journal of the Charles University Law Faculty
Lukáš Boháček
Author’s affiliation:
Faculty of Law, Masaryk University Brno
The relevance and effects of obiter dicta statements in the Czech legal system
Jurisprudence 6/2021 Section: Articles Page: 11-22
Keywords: Judicial decision, case law, precedent, judicial reasoning, obiter dictum, ratio de-cidendi, Czech legal system, common law
Abstract: This article examines the part of judicial decisions known as obiter dictum. As this notion is inherent to legal systems applying the doctrine of precedent, the article considers whether it has any relevance in the Czech Republic. It addresses and compares the meaning and effects of obiter dicta in England and Wales and the Czech Republic and points to the existence of additional and specific importance attributed to them in the Czech legal system. Consequently, the article assesses whether it is appropriate to write obiter dicta statements in the Czech judicial decisions and whether their use in the Czech legal system is relevant and justified.
