Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions

Viac o knihe

This work examines the temporal effects of judicial decisions, focusing on the challenges posed by the retroactive application of overruling decisions. Through jurisprudential and comparative analysis, it addresses issues arising from the overruling of earlier rulings, which can undermine legal certainty by disrupting prior arrangements made under established precedents. Recently, various jurisdictions have considered adopting the US practice of prospective overruling, allowing courts to announce changes to rules or interpretations only for future cases. However, this approach presents challenges, particularly concerning the constitutional limits of judicial authority and the practical difficulties it entails. The book explores these questions and draws on a wealth of foreign legal experiences, offering theoretical and practical insights for national judges. It aims to provide a rational framework for addressing the temporal aspects of judicial decisions, helping to navigate the complexities of legal certainty and the implications of overruling past decisions.