Judicial Rulings with Prospective Effects: From Comparison to Systematization

TY - CHAP

T1 - Judicial Rulings with Prospective Effects

T2 - From Comparison to Systematization

AU - Steiner, Eva

PY - 2015/5/5

Y1 - 2015/5/5

N2 - 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 a number of jurisdictions have had to deal in recent past 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 prospecting 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 opening chapter is an attempt to provide some answers to these issues through jurisprudential and comparative analysis. The great reservoir of foreign legal experience 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.

AB - 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 a number of jurisdictions have had to deal in recent past 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 prospecting 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 opening chapter is an attempt to provide some answers to these issues through jurisprudential and comparative analysis. The great reservoir of foreign legal experience 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.

KW - Law

KW - Prospective overruling

KW - Retroactive judicial decisions

KW - Conflict of judicial decisions

U2 - 10.1007/978-3-319-16175-4_1

DO - 10.1007/978-3-319-16175-4_1

M3 - Chapter

SN - 9783319161747

VL - 3

T3 - Ius Comparatum - Global Studies in Comparative Law

SP - 1

EP - 23

BT - Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions

A2 - Steiner, Eva

PB - Springer

CY - Cham, Switzerland

ER -