'Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions'
New publication from Dr Eva Steiner
Dr Eva Steiner, Senior Lecturer & Director of the LLB English Law & French Law in The Dickson Poon School of Law, has released a new publication examining the temporality of judicial decisions and the repercussions that occur when those decisions are overruled.
Her book Comparing the Prospective Effect of Judicial Rulings Across Jurisdictions [Springer 2015] examines the difficulties arising from the retroactive effect of overruling and the issues surrounding the adoption of prospective overruling: a US practice that is being adopted by many global jurisdictions, wherein a court announces changes to a previous decision but only for future cases.As Professor Sir Francis Jacobs – President of the Centre of European Law at the Dickson Poon School of Law – comments in his foreword to the work, although the principle of overruling is practiced within many legal systems, there is a worrying lack of consensus concerning the practice’s scope and rationale.
Dr Steiner addresses these issues by examining the practice of overruling within legal systems throughout Europe, North-America, South-America, and Asian-Oceania, presenting a work that provides a source of reflection on the impact of time in the formation of judicial decisions.
Dr Steiner’s work is the third volume in the lus Comparatum Series, a series of texts presenting the scholarship emerging from IACL-AIDC congresses.