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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions

ISBN13: 9783319161747
Published: May 2015
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Comparative Law
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 Sebastien 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
Denek Kuhn
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
Jose Manuel Aroso Linhares and Ana Margarida Gaudencio
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 Rodriguez Galan
Judicial Rulings with Prospective Effect in Brazilian Law
Humberto Dalla Bernardina de Pinho
Judicial Rulings with Prospective Effect in Venezuela
Hildegard Rondon de Sanso

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