國立高雄大學圖資館 |

語系: 繁體中文

說明(常見問題)

圖資館首頁

登入

回首頁

切換: 標籤 | MARC模式 | ISBD

Comparing the prospective effect of ...

SpringerLink (Online service)

Comparing the prospective effect of judicial rulings across jurisdictions

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	Comparing the prospective effect of judicial rulings across jurisdictionsby Eva Steiner.
作者:	Steiner, Eva.
出版者:	Cham :Springer International Publishing :2015.
面頁冊數:	xi, 382 p. :ill., digital ;24 cm.
Contained By:	Springer eBooks
標題:	Conflict of judicial decisions.
電子資源:	http://dx.doi.org/10.1007/978-3-319-16175-4
ISBN:	9783319161754 (electronic bk.)

Comparing the prospective effect of judicial rulings across jurisdictions
Steiner, Eva.

Comparing the prospective effect of judicial rulings across jurisdictions[electronic resource] /by Eva Steiner. - Cham :Springer International Publishing :2015. - xi, 382 p. :ill., digital ;24 cm. - Ius comparatum - global studies in comparative law,v.32214-6881 ;. - Ius comparatum ;v.3..

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 decisions.

ISBN: 9783319161754 (electronic bk.)

Standard No.: 10.1007/978-3-319-16175-4doiSubjects--Topical Terms:

724975
Conflict of judicial decisions.

LC Class. No.: K7040

Dewey Class. No.: 340.9

Comparing the prospective effect of judicial rulings across jurisdictions
LDR:02553nmm a2200337 a 4500 001 469120
003 DE-He213
005 20151230171739.0
006 m d
007 cr nn 008maaau
008 160118s2015 gw s 0 eng d
020 $a 9783319161754 (electronic bk.)
020 $a 9783319161747 (paper)
024 7 $a 10.1007/978-3-319-16175-4 $2 doi
035 $a 978-3-319-16175-4
040 $a GP $c GP
041 0 $a eng
050 4 $a K7040
072 7 $a LB $2 bicssc
072 7 $a LAM $2 bicssc
072 7 $a LAW051000 $2 bisacsh
072 7 $a LAW016000 $2 bisacsh
082 0 4 $a 340.9 $2 23
090 $a K7040 $b .S822 2015
100 1 $a Steiner, Eva. $3 724973
245 1 0 $a Comparing the prospective effect of judicial rulings across jurisdictions $h [electronic resource] / $c by Eva Steiner.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2015.
300 $a xi, 382 p. : $b ill., digital ; $c 24 cm.
490 1 $a Ius comparatum - global studies in comparative law, $x 2214-6881 ; $v v.3
520 $a 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 decisions.
650 0 $a Conflict of judicial decisions. $3 724975
650 0 $a Prospective overruling. $3 724976
650 0 $a Retroactive judicial decisions. $3 724977
650 0 $a Jurisdiction, Territorial. $3 278145
650 1 4 $a Law. $3 207600
650 2 4 $a Private International Law, International & Foreign Law, Comparative Law. $3 530877
650 2 4 $a Theories of Law, Philosophy of Law, Legal History. $3 557741
650 2 4 $a Criminal Law. $3 276737
650 2 4 $a Constitutional Law. $3 307719
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer eBooks
830 0 $a Ius comparatum ; $v v.3. $3 724974
856 4 0 $u http://dx.doi.org/10.1007/978-3-319-16175-4
950 $a Humanities, Social Sciences and Law (Springer-11648)