Prospective Overruling - It's About Time
Wall, Jesse

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Cite this item:
Wall, J. (2009). Prospective overruling – it's about time. Otago Law Review, 12(1), 131-147.
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/9196
Abstract:
This article explains how the common law operates to produce retrospective law and how this is in turn premised upon certain jurisprudential assumptions. The author begins by assessing the prospect that ‘prospective overruling’ may provide a solution to the problem of retrospective common law, before providing an argument in support of appellate courts prospectively overruling prior precedents. The article concludes that prospective overruling would balance the impetus to modify the common law, on one hand, with the presumption against enacting retrospective law, on the other.
Date:
2009
Publisher:
The Otago Law Review Trust Board
Pages:
131-147
Keywords:
Retrospective Law; Common Law; the Judiciary; Jurisprudence
Research Type:
Journal Article
Languages:
English
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- Journal Article [740]
- Law Collection [484]