Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions / by Eva Steiner.
2015
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Author
Title
Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions / by Eva Steiner.
Added Corporate Author
Edition
1st ed. 2015.
Imprint
Cham : Springer International Publishing : Imprint: Springer, 2015.
Description
XI, 382 p. online resource.
Series
Ius Comparatum - Global Studies in Comparative Law, 2214-689X ; 3.
Formatted Contents Note
Foreword
About the Contributors
Judicial Rulings with Prospective Effect-from Comparison to Systematization; Eva Steiner
Part I European Jurisdictions
The Prospective and Retrospective Effect of Judicial Decisions in Ireland; Niamh Connolly
Effects in Time of Judgments in the Netherlands: Prospective Overruling and Related Techniques; Remco van Rhee and Wytze van der Woude
The Temporal Effects of Judicial Decisions in Belgium; Sarah Verstraelen, Patricia Popelier and Sébastien van Drooghenbroeck
Changing the Case law Pro Future in Germany - A Puzzle of Legal Theory and Practice; Adam Sagan
Towards a Sophisticated Theory of Precedent - Prospective and Retrospective Overruling in the Czech Legal System; deněk Kühn
The Role of Case Law and the Prospective Overruling in the Greek Legal System; Antonios G. Karampatzos and Georgios Malos
The Portuguese Experience of Judge Made Law and the Possibility of Prospective Intentions and Effects; José Manuel Aroso Linhares and Ana Margarida Gaudêncio
Judicial Rulings with Prospective Effect in Italy; Michele Taruffo
Part II North-American Jurisdictions
Retroactivity and Prospectivity of Judgments in American law; Richard S. Kay
Canada: The Rise of Judgments with Suspended Effect; Lionel Smith
Part III South-American Jurisdictions
Judicial Rulings with Prospective Effect in Argentina; Alejandra Rodríguez Galán
Judicial Rulings with Prospective Effect in Brazilian Law; Humberto Dalla Bernardina de Pinho
Judicial Rulings with Prospective Effect in Venezuela; Hildegard Rondón de Sansó
Part IV Asian- Oceanian Jurisdictions
Judicial Rulings with Prospective Effect in Australia; Justice James Douglas, Eleanor Atkins and Hamish Clift
Prospective Overruling in Singapore: A Judicial Framework for the Future?; Gary K.Y. Chan
Questionnaire.
About the Contributors
Judicial Rulings with Prospective Effect-from Comparison to Systematization; Eva Steiner
Part I European Jurisdictions
The Prospective and Retrospective Effect of Judicial Decisions in Ireland; Niamh Connolly
Effects in Time of Judgments in the Netherlands: Prospective Overruling and Related Techniques; Remco van Rhee and Wytze van der Woude
The Temporal Effects of Judicial Decisions in Belgium; Sarah Verstraelen, Patricia Popelier and Sébastien van Drooghenbroeck
Changing the Case law Pro Future in Germany - A Puzzle of Legal Theory and Practice; Adam Sagan
Towards a Sophisticated Theory of Precedent - Prospective and Retrospective Overruling in the Czech Legal System; deněk Kühn
The Role of Case Law and the Prospective Overruling in the Greek Legal System; Antonios G. Karampatzos and Georgios Malos
The Portuguese Experience of Judge Made Law and the Possibility of Prospective Intentions and Effects; José Manuel Aroso Linhares and Ana Margarida Gaudêncio
Judicial Rulings with Prospective Effect in Italy; Michele Taruffo
Part II North-American Jurisdictions
Retroactivity and Prospectivity of Judgments in American law; Richard S. Kay
Canada: The Rise of Judgments with Suspended Effect; Lionel Smith
Part III South-American Jurisdictions
Judicial Rulings with Prospective Effect in Argentina; Alejandra Rodríguez Galán
Judicial Rulings with Prospective Effect in Brazilian Law; Humberto Dalla Bernardina de Pinho
Judicial Rulings with Prospective Effect in Venezuela; Hildegard Rondón de Sansó
Part IV Asian- Oceanian Jurisdictions
Judicial Rulings with Prospective Effect in Australia; Justice James Douglas, Eleanor Atkins and Hamish Clift
Prospective Overruling in Singapore: A Judicial Framework for the Future?; Gary K.Y. Chan
Questionnaire.
Summary
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.
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Language
English
ISBN
9783319161754
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