Prospective overruling limits retroactivity to prevent injustice while shaping future application of new rulings in constitutional cases. The Doctrine of Prospective Overruling allows the apex constitutional court to overrule precedent but confine the new rule's temporal operation: it applies only in constitutional matters, is to be exercised by the court empowered to declare binding law for all courts, and permits the court to mould the scope of retroactivity in accordance with the justice of the cause to avoid unfairness from retroactive effect.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Prospective overruling limits retroactivity to prevent injustice while shaping future application of new rulings in constitutional cases.
The Doctrine of Prospective Overruling allows the apex constitutional court to overrule precedent but confine the new rule's temporal operation: it applies only in constitutional matters, is to be exercised by the court empowered to declare binding law for all courts, and permits the court to mould the scope of retroactivity in accordance with the justice of the cause to avoid unfairness from retroactive effect.
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