Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions

Nonfiction, Reference & Language, Law, Reference, International
Cover of the book Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions by Eva Steiner, Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Eva Steiner ISBN: 9783319161754
Publisher: Springer International Publishing Publication: May 5, 2015
Imprint: Springer Language: English
Author: Eva Steiner
ISBN: 9783319161754
Publisher: Springer International Publishing
Publication: May 5, 2015
Imprint: Springer
Language: English

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 by 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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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 by 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.

More books from Springer International Publishing

Cover of the book Multiparametric Ultrasound Diagnosis of Breast Diseases by Eva Steiner
Cover of the book Baroque, Venice, Theatre, Philosophy by Eva Steiner
Cover of the book Pelvic Floor Ultrasound by Eva Steiner
Cover of the book Teaching and Learning in Maths Classrooms by Eva Steiner
Cover of the book A Pipelined Multi-core MIPS Machine by Eva Steiner
Cover of the book Political Revolt and Youth Unemployment in Tunisia by Eva Steiner
Cover of the book Towards Autonomous Robotic Systems by Eva Steiner
Cover of the book Korean Englishes in Transnational Contexts by Eva Steiner
Cover of the book Nostalgia, Loss and Creativity in South-East Europe by Eva Steiner
Cover of the book People, Place and Power on the Nineteenth-Century Waterfront by Eva Steiner
Cover of the book The Consequences of Mobility by Eva Steiner
Cover of the book Metric Modular Spaces by Eva Steiner
Cover of the book Geometric Theory of Information by Eva Steiner
Cover of the book Economic Thought and Institutional Change in France and Italy, 1789–1914 by Eva Steiner
Cover of the book Risk and Reward by Eva Steiner
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy