Overview
- Provides elements of knowledge and analysis from over 15 legal systems around the world
- Deals with a highly relevant topic, understudied in contemporary legal writing
- Invites a complete reassessment of conventional views on the judicial process and function
Part of the book series: Ius Comparatum - Global Studies in Comparative Law (GSCL, volume 3)
Buy print copy
About this book
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.
Similar content being viewed by others
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
Table of contents (16 chapters)
-
Front Matter
-
European Jurisdictions
-
Front Matter
-
-
North-American Jurisdictions
-
Front Matter
-
-
South-American Jurisdictions
-
Front Matter
-
-
Asian-Oceanian Jurisdictions
-
Front Matter
-
Authors and Affiliations
Bibliographic Information
Book Title: Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions
Authors: Eva Steiner
Series Title: Ius Comparatum - Global Studies in Comparative Law
DOI: https://doi.org/10.1007/978-3-319-16175-4
Publisher: Springer Cham
eBook Packages: Humanities, Social Sciences and Law, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2015
Hardcover ISBN: 978-3-319-16174-7Published: 19 May 2015
Softcover ISBN: 978-3-319-38372-9Published: 17 October 2016
eBook ISBN: 978-3-319-16175-4Published: 05 May 2015
Series ISSN: 2214-6881
Series E-ISSN: 2214-689X
Edition Number: 1
Number of Pages: XI, 382
Topics: Private International Law, International & Foreign Law, Comparative Law , Theories of Law, Philosophy of Law, Legal History, Criminal Law and Criminal Procedure Law, Constitutional Law