| 书目名称 | Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions |
| 编辑 | Eva Steiner |
| 视频video | http://file.papertrans.cn/232/231041/231041.mp4 |
| 概述 | 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 o |
| 丛书名称 | Ius Comparatum - Global Studies in Comparative Law |
| 图书封面 |  |
| 描述 | .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 |
| 出版日期 | Book 2015 |
| 关键词 | Comparative observations on judicial rulings; Effect of Judicial Rulings; Judge made law; Judgments in |
| 版次 | 1 |
| doi | https://doi.org/10.1007/978-3-319-16175-4 |
| isbn_softcover | 978-3-319-38372-9 |
| isbn_ebook | 978-3-319-16175-4Series ISSN 2214-6881 Series E-ISSN 2214-689X |
| issn_series | 2214-6881 |
| copyright | Springer International Publishing Switzerland 2015 |
|Archiver|手机版|小黑屋|
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