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

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

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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.

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

Comparing the Prospective Effect of Judicial Rulings ~ Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions. Authors (view affiliations) Eva Steiner; Book. 2 Citations; 1 Mentions; 8.1k Downloads; Part of the Ius Comparatum - Global Studies in Comparative Law book series (GSCL, volume 3) Log in to check access. Buy eBook. USD 109.00 Instant download; Readable on all devices; Own it forever; Local sales tax included if .

Comparing the Prospective Effect of Judicial Rulings ~ 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 .

Comparing the Prospective Effect of Judicial Rulings ~ This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions.

Comparing the Prospective Effect of Judicial Rulings ~ Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions by Eva Steiner, May 05, 2015, Springer edition, hardcover

Comparing the prospective effect of judicial rulings ~ 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 .

Comparing the Prospective Effect of Judicial Rulings ~ Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions Softcover reprint of the original 1st ed. 2015 - Eva Steiner - ISBN: 9783319161747. 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 .

Comparing the Prospective Effect of Judicial Rulings ~ Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions by Eva Steiner; 2 editions; First published in 2015

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Comparing the prospective effect of judicial rulings ~ Judicial rulings with prospective effect--from comparison to systematisation / Eva Steiner -- Part I. European jurisdictions. 2. The prospective and retrospective effect of judicial decisions in Ireland / Niamh Connolly -- 3. Effects in time of judgments in the Netherlands: prospective overruling and related techniques / C.H. van Rhee, Wytze van der Woude -- 4. The ability to deviate from the .

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[PDF Download] Comparing the Prospective Effect of ~ [PDF Download] Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions (Ius

Comparing the Prospective Effect of Judicial Rulings ~ 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 .

Comparing the Prospective Effect of Judicial Rulings ~ Buy Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions (Ius Comparatum - Global Studies in Comparative Law) 2015 by Eva Steiner (ISBN: 9783319161747) from 's Book Store. Everyday low prices and free delivery on eligible orders.

Comparing the Prospective Effect of Judicial Rulings ~ Buy Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions (Ius Comparatum - Global Studies in Comparative Law) Softcover reprint of the original 1st ed. 2015 by Eva Steiner (ISBN: 9783319383729) from 's Book Store. Everyday low prices and free delivery on eligible orders.

Comparing the Prospective Effect of Judicial Rulings ~ Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions (Ius Comparatum - Global Studies in Comparative Law Book 3) (English Edition) eBook: Eva Steiner: : Kindle-Shop

Comparing the Prospective Effect of Judicial Rulings ~ Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions Ius Comparatum - Global Studies in Comparative Law, Band 3: : Steiner, Eva: Fremdsprachige Bücher

Judicial Rulings with Prospective Effects: From Comparison ~ Steiner E. (2017) Judicial Rulings with Prospective Effects: From Comparison to Systematisation. In: Schauer M., Verschraegen B. (eds) General Reports of the XIXth Congress of the International Academy of Comparative Law Rapports Généraux du XIXème Congrès de l'Académie Internationale de Droit Comparé. Ius Comparatum - Global Studies in Comparative Law, vol 24. Springer, Dordrecht. https .

CSABA VARGA-theory-of-law-2012.pdf / Jurisprudence ~ ON PROCESSES OF LAW. The Judicial Black-box and the Rule of Law in the Context of European Unication and Globalisation [2008] 225 I. Basic Issues in the Understanding of Law [225] 1. Normativism and Legal Reality (Re)Construction [225] 2. The Insufciency of the Law Enacted [227] 3. Duplicity of the Ontological Reconstruction of Judicial Process [227] 4.The Law as Rule and the Law as Culture .

Media Effects on the Judicial Process Definition - Law Teacher ~ A judicial process involves judges and juries who interpret and apply the law in resolving a dispute as well as administering justice. The process puts into consideration the rules that determine the roles of judges and the juries in the courtroom. In setting up these rules, fairness and consistency have to be ensured to facilitate the application of fundamental justice. The court involved in .

PROSPECTIVE JUDICIAL PRONOUNCEMENTS AND LIMITS TO JUDICIAL ~ Prospective Judicial Pronouncements and (2016) 28 SAcLJ Limits to Judicial Law-Making 613 4 In reality, prospective pronouncements are no less and no more arbitrary than ordinary retrospective decisions. A retrospective decision is simply one that is unbounded by time, and the principles and rules of

Judicial Review Essay - 1626 Words ~ JUDICIAL REVIEW OF LEGISLATION A paper prepared for the Anglo-Israeli Legal Exchange, Jerusalem, May 2007 David Feldman 1. A recent article in Public Law asks whether judicial review of legislation is undemocratic.1 In some jurisdictions the question has come to dominate public-law theory. Constitutional scholarship in the USA, for example, seems obsessed by questions about the legitimacy .

Constitutional law - Judicial review in the United States ~ Constitutional law - Constitutional law - Judicial review in the United States: Because judicial review in the United States has been a model for other countries, it is appropriate to devote some discussion to it and to the body of constitutional law it has produced. Despite its overwhelming importance, judicial review is not explicitly mentioned in the U.S. Constitution; indeed, it is itself .

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Theory Of Law: Saba Arga / Jurisprudence / Theory ~ ON PROCESSES OF LAW. The Judicial Black-box and the Rule of Law in the Context of European Unification and Globalisation [2008] 225 I. Basic Issues in the Understanding of Law [225] 1. Normativism and Legal Reality (Re)Construction [225] 2. The Insufficiency of the Law Enacted [227] 3. Duplicity of the Ontological Reconstruction of Judicial Process [227] 4. The Law as Rule and the Law as Cultu