Citační analýza judikatury a maximalismus v soudním rozhodování
Citation Analysis of Case Law and Maximalism in Judicial Decision-making

Summary/Abstract: The article reflects, drawing on the theory of the American author Cass Sunstein, the efforts of the apex courts in particular to formulate more broadly and deeply reasoned decisions in a way that corresponds to their role in the judicial system. Thus, in our opinion, the concept of optimal relevance, employed by the authors of the book Citační analýza judikatury [Citation Analysis of Case Law], takes on a new dimension, since the minimalization of efforts regarding the inclusion of judicial decisions is characteristic of minimalist argumentation, while the deep and, to some extent, broad argumentation that is typical of maximalism is characterized by a more detailed justification of the underlying issues, which may be reflected in the degree of references to case law and literature in the judicial decision. In the second part of the article, we attempt to test some basic hypotheses using a reference recognition scheme, in which we build on research conducted by the authors of the book cited above.

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