An Empirical Analysis of Legal Reasoning in Czechia: A Tale of Two Courts Revisited

Abstract

This monograph empirically analyzes argumentation practices inCzechia and tests the anti-formalist narrative by analyzing case lawfrom the Supreme Court, allegedly formalistic court with communistpast, and the Supreme Administrative Court, new institution cherishedfor its non-formalistic practices. Using a novel annotation scheme and content analysis of a representative dataset of 272 decisions from 1997-2024, this research provides critical insights into judicial reasoning of Czech apex courts.