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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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