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Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions (Hardcover, 2015 ed.)
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Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions (Hardcover, 2015 ed.)
Series: Ius Comparatum - Global Studies in Comparative Law, 3
Expected to ship within 12 - 17 working days
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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.
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