Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions (Ius Comparatum - Global Studies in Comparative Law Book 3)

La 4e de couverture indique : "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." 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 With 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 Decision--unedited Summary From Book Cover. Judicial Rulings With Prospective Effect-from Comparison To Systematisation / Eva Steiner -- 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 / C.h. Van Rhee And Wytze Van Der Woude -- The Ability To Deviate From The Principle Of Retroactivity : A Well-established Practice Before The Constitutional Court And The Council Of State In Belgium / Sarah Verstraelen, Patricia Popelier, And Sébastien Van Drooghenbroeck -- Changing The Case Law Pro Futuro : A Puzzle Of Legal Theory And Practice / Adam Sagan -- Towards A Sophisticated Theory Of Precedent? : Prospective And Retrospective Overruling In The Czech Legal System / Zdeněk Kühn -- The Role Of Case Law And The Prospective Overruling In The Greek Legal System / Antonios Karampatzos And Georgios Malos -- The Portuguese Experience Of Judge-made Law And The Possibility Of Prospective Intentions And Effects / José Manuel Aroso Linhares And Ana Margarida Gaudêncio -- Judicial Rulings With Prospective Effect In Italy / Michele Taruffo -- Retroactivity And Prospectivity Of Judgments In American Law / Richard S. Kay -- Canada : The Rise Of Judgments With Suspended Effect / Lionel Smith -- Judicial Rulings With Prospective Effect In Argentina / Alejandra Rodríguez Galán -- Judicial Rulings With Prospective Effect In Brazilian Law / Humberto Dalla Bernardina De Pinho -- Judicial Rulings With Prospective Effect In Venezuela / Hildegard Rondón De Sansó -- Judicial Rulings With Prospective Effect In Australia / James Douglas, Eleanor Atkins, And Hamish Clift -- Prospective Overruling In Singapore : A Judicial Framework For The Future? / Gary K.y. Chan -- Judicial Rulings With Prospective Effect : I.b. General Legal Theory : 19th Congress Of The International Academia Of Comparative Law, Vienna 2014. [edited By] Eva Steiner. Includes Bibliographical References. Front Matter....Pages i-xi Judicial Rulings with Prospective Effect-from Comparison to Systematisation....Pages 1-23 Front Matter....Pages 25-25 The Prospective and Retrospective Effect of Judicial Decisions in Ireland....Pages 27-63 Effects in Time of Judgments in the Netherlands: Prospective Overruling and Related Techniques....Pages 65-80 The Ability to Deviate from the Principle of Retroactivity: A Well-Established Practice Before the Constitutional Court and the Council of State in Belgium....Pages 81-113 Changing the Case Law pro futuro – A Puzzle of Legal Theory and Practice....Pages 115-142 Towards a Sophisticated Theory of Precedent? Prospective and Retrospective Overruling in the Czech Legal System....Pages 143-161 The Role of Case Law and the Prospective Overruling in the Greek Legal System....Pages 163-184 The Portuguese Experience of Judge-Made Law and the Possibility of Prospective Intentions and Effects....Pages 185-201 Judicial Rulings with Prospective Effect in Italy....Pages 203-206 Front Matter....Pages 207-207 Retroactivity and Prospectivity of Judgments in American Law....Pages 209-246 Canada: The Rise of Judgments with Suspended Effect....Pages 247-259 Front Matter....Pages 261-261 Judicial Rulings with Prospective Effect in Argentina....Pages 263-284 Judicial Rulings with Prospective Effect in Brazilian Law....Pages 285-312 Judicial Rulings with Prospective Effect in Venezuela....Pages 313-345 Front Matter....Pages 347-347 Judicial Rulings with Prospective Effect in Australia....Pages 349-358 Prospective Overruling in Singapore: A Judicial Framework for the Future?....Pages 359-380 Back Matter....Pages 381-382