Prospective Overruling - It's About Time

About this item

Title

Prospective Overruling - It's About Time

Content partner

University of Otago

Collection

Otago University Research Archive

Description

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 la...

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Format

Research paper

Research format

Scholarly text / Journal article

Thesis level

Article

Date created

2009

Creator

Wall, Jesse

URL

https://hdl.handle.net/10523/9196

Related subjects

Retrospective Law / Common Law / the Judiciary / Jurisprudence

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