Ius Comparatum - Global Studies in Comparative Law

Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions

Authors: Steiner, Eva

  • 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
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eBook 107,09 €
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  • ISBN 978-3-319-16175-4
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Hardcover 135,19 €
price for Spain (gross)
  • ISBN 978-3-319-16174-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 135,19 €
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  • ISBN 978-3-319-38372-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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.

Table of contents (16 chapters)

  • Judicial Rulings with Prospective Effect-from Comparison to Systematisation

    Steiner, Eva

    Pages 1-23

    Preview Buy Chapter 30,19 €
  • The Prospective and Retrospective Effect of Judicial Decisions in Ireland

    Connolly, Niamh

    Pages 27-63

    Preview Buy Chapter 30,19 €
  • Effects in Time of Judgments in the Netherlands: Prospective Overruling and Related Techniques

    Rhee, C. H. (et al.)

    Pages 65-80

    Preview Buy Chapter 30,19 €
  • The Ability to Deviate from the Principle of Retroactivity: A Well-Established Practice Before the Constitutional Court and the Council of State in Belgium

    Verstraelen, Sarah (et al.)

    Pages 81-113

    Preview Buy Chapter 30,19 €
  • Changing the Case Law pro futuro – A Puzzle of Legal Theory and Practice

    Sagan, Adam

    Pages 115-142

    Preview Buy Chapter 30,19 €

Buy this book

eBook 107,09 €
price for Spain (gross)
  • ISBN 978-3-319-16175-4
  • Digitally watermarked, DRM-free
  • Included format: EPUB, PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover 135,19 €
price for Spain (gross)
  • ISBN 978-3-319-16174-7
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
Softcover 135,19 €
price for Spain (gross)
  • ISBN 978-3-319-38372-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
  • The final prices may differ from the prices shown due to specifics of VAT rules
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Bibliographic Information

Bibliographic Information
Book Title
Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions
Authors
Series Title
Ius Comparatum - Global Studies in Comparative Law
Series Volume
3
Copyright
2015
Publisher
Springer International Publishing
Copyright Holder
Springer International Publishing Switzerland
eBook ISBN
978-3-319-16175-4
DOI
10.1007/978-3-319-16175-4
Hardcover ISBN
978-3-319-16174-7
Softcover ISBN
978-3-319-38372-9
Series ISSN
2214-6881
Edition Number
1
Number of Pages
XI, 382
Topics