Šipulová, Katarina, Smekal, Hubert and Janovský, Jozef (2018) Searching for a Reference: Using Automated Text Analysis to Study Judicial Compliance. Masaryk University Journal of Law and Technology, 12 (2). pp. 131-160. ISSN 1802-5951
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Abstract
The concept of judicial compliance has attracted plenty of attention in the last two
decades. Yet, despite the growing scholarly interest, important research questions
remain largely unresolved. This is partly due to the persistent use of unsystematic
research, built on the cherry picking of cases. The content of only a few well-known
judgments has been thoroughly examined, and the rest remains largely ignored
by the legal scholarship. The aim of this article is to introduce a sketch of a new
three-level approach for improving research on judicial compliance in a multi-level
arena. We show how the use of automated text analysis in combination with more
traditional legal methods might shed more light on the concept of judicial
compliance and judicial dialogues. We explain the procedure of the automated
collection of data and their coding and also point out the risks of using automated
text analysis when studying judicial compliance. The approach is demonstrated
on a single case study of the use of European Court of Human Rights rulings
by Czech apex courts. This study assesses how often and in what way the domestic
courts engage with the European Court of Human Rights case law.
Item Type: | Article |
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Keywords: | Automated Text Analysis; Compliance; European Court Of Human Rights; National Courts; References; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 18004 |
Identification Number: | 10.5817/MUJLT2018-2-2 |
Depositing User: | Hubert Smekal |
Date Deposited: | 09 Jan 2024 15:41 |
Journal or Publication Title: | Masaryk University Journal of Law and Technology |
Publisher: | Masaryk University |
Refereed: | Yes |
Related URLs: | |
URI: | https://mu.eprints-hosting.org/id/eprint/18004 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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