The time effectiveness of the decision announcing a new rule: a comparative analysis
DOI:
https://doi.org/10.51359/2448-2307.2023.258608Keywords:
Comparative Law, precedents, temporal effectiveness, modulationAbstract
An issue that has concerned both common law and civil law jurists concerns the temporal effectiveness of the decision that announces a new precedent, revoking (or at least modifying) the rule of a previous precedent of a different orientation. Would the effects of this new precedent be retroactive or prospective? And under what terms?
References
FARNSWORTH, E. Allan. Introdução ao Sistema Jurídico dos Estados Unidos. Tradução de Antônio Carlos Diniz de Andrada. Rio de Janeiro: Forense, [196-].
GINSBURG, Jane C. Legal Methods. Westbury: The Fundation Press, 1996.
NICOL, Andrew. Prospective Overruling: a New Device for English Courts?, 39 Modern Law Review 542 (1976).
REYNOLDS, William L. Judicial Process in a Nutshell. 2ª ed. St. Paul: West Publishing Co., 1991.
SESMA, Victoria Iturralde. El precedente en el common law. Madrid: Civitas, 1995.
ZANDER, Michael. The Law-Making Process. 5ª ed. London: Butterworths, 1999.
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Copyright (c) 2023 Marcelo Alves Dias de Souza

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