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 ... Summary
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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