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The Effects of Judicial Decisions in Time

Edited by: Patricia Popelier, Sarah Verstraelen, Dirk Vanheule, Beatrix Vanlerberghe

ISBN13: 9781780681887
Published: October 2013
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £62.00



Despatched in 11 to 13 days.

Constitutional review is a hot topic in contemporary constitutional debate and design. However, the legal force of judicial decisions, and in particular their effect in time, is an under-studied issue in the literature. This is remarkable, considering the substantial impact of these decisions on the parties or the wider society, in particular in the case of abstract review, and considering that the choice of retroactive, immediate or future effects may have at stake legal certainty, the right to effective judicial protection, or the rule of law. This edited volume fills the gap by offering a comparative analysis of legislative choices and jurisprudential developments regarding the effect in time of legal decisions and its implications in both civil law and common law systems, in abstract and concrete review. Both national and European courts are discussed. Country reports are preceded by milestone judgments so as to give insight into what, concretely, is at stake, thereby addressing both scholars and practitioners.

Subjects:
Constitutional and Administrative Law
Contents:
Chapter 1. The Effect of Judicial Decisions in Time: Comparative Notes

PART I CONSTITUTIONAL COURTS: EFFECTS EX TUNC
Chapter 2. Germany
Chapter 3. Belgium

PART II CONSTITUTIONAL COURTS: EFFECTS EX NUNC
Chapter 4. Austria
Chapter 5. Hungary
Chapter 6. France
Chapter 7. Italy
PART III SUPREME COURTS
Chapter 8. The UK
Chapter 9. The Netherlands
Chapter 10. Israel

PART IV EUROPEAN COURTS
Chapter 11. The Court of Justice of the European Union
Chapter 12. The European Court of Human Rights