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Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions

  • Eva Steiner

Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 3)

Table of contents

  1. Front Matter
    Pages i-xi
  2. European Jurisdictions

  3. North-American Jurisdictions

    1. Front Matter
      Pages 207-207
  4. South-American Jurisdictions

    1. Front Matter
      Pages 261-261
    2. Alejandra Rodríguez Galán
      Pages 263-284
    3. Humberto Dalla Bernardina de Pinho
      Pages 285-312
    4. Hildegard Rondón de Sansó
      Pages 313-345
  5. Asian-Oceanian Jurisdictions

    1. Front Matter
      Pages 347-347
    2. James Douglas, Eleanor Atkins, Hamish Clift
      Pages 349-358
  6. Back Matter
    Pages 381-382

About this book

Introduction

This work deals with the temporal effect of judicial decisions, and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions.

Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled with the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.

Keywords

Comparative observations on judicial rulings Effect of Judicial Rulings Judge made law Judgments in American law Judicial law making Judicial process Judicial process and the judicial function Judicial rulings Judicial rulings with prospective effect Possibility of prospective intentions and effects Prospective overruling Retroactivity and prospectivity Retrospective effect Role of case law and prospective overruling

Authors and affiliations

  • Eva Steiner
    • 1
  1. 1.The Dickson Poon School of LawKing's College LondonLondonUnited Kingdom

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-16175-4
  • Copyright Information Springer International Publishing Switzerland 2015
  • Publisher Name Springer, Cham
  • eBook Packages Humanities, Social Sciences and Law
  • Print ISBN 978-3-319-16174-7
  • Online ISBN 978-3-319-16175-4
  • Series Print ISSN 2214-6881
  • Series Online ISSN 2214-689X
  • Buy this book on publisher's site