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@article{1649898, author = {Smekal, Hubert and Vyhnánek, Ladislav}, article_location = {Praha}, article_number = {2}, keywords = {judge; decision-making; ideology; extra-legal factors; interpretation; discretion; courts; judicial legitimacy}, language = {eng}, issn = {1805-8396}, journal = {The Lawyer Quarterly}, title = {Determinants of Judicial Decision-Making: State of the Art and the Czech Perspective}, url = {https://tlq.ilaw.cas.cz/index.php/tlq/article/view/401}, volume = {10}, year = {2020} }
TY - JOUR ID - 1649898 AU - Smekal, Hubert - Vyhnánek, Ladislav PY - 2020 TI - Determinants of Judicial Decision-Making: State of the Art and the Czech Perspective JF - The Lawyer Quarterly VL - 10 IS - 2 SP - 106-129 EP - 106-129 PB - Institute of State and Law of the Academy of Sciences of the Czech Republic SN - 18058396 KW - judge KW - decision-making KW - ideology KW - extra-legal factors KW - interpretation KW - discretion KW - courts KW - judicial legitimacy UR - https://tlq.ilaw.cas.cz/index.php/tlq/article/view/401 N2 - This article aims to answer a key question in modern jurisprudence – which factors influence judicial decision-making? It starts with an introduction breaking the question down into two contrasting possibilities. Is judicial decision-making determined purely by law or can we trace the influence of various extra-legal factors? In order to answer these questions, the article provides an overview of the current state of the art in international (mainly US) literature and its historical development. Based on an interpretation of the current state of the art, it reaches an intermediate conclusion: especially in hard cases, there is (practically speaking) considerable space for judicial discretion, and that, as a matter of fact, decisions in these cases are influenced by various extra-legal factors. Given that most of the literature is of US origin, however, the article further discusses the possibility of “proving” this in Czech conditions. In this regard, the article arrives at a position of moderate methodological skepticism – i.e. that for many reasons, it is hard to do so, even though the aforementioned conclusions should – in principle – be generally applicable. ER -
SMEKAL, Hubert and Ladislav VYHNÁNEK. Determinants of Judicial Decision-Making: State of the Art and the Czech Perspective. \textit{The Lawyer Quarterly}. Praha: Institute of State and Law of the Academy of Sciences of the Czech Republic, 2020, vol.~10, No~2, p.~106-129. ISSN~1805-8396.
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