Selective prospectivity occurs when a court chooses to apply a fresh legal rule in a particular case, while continuing to apply the previous rule in all other pending cases that were initiated before the announcement of the new rule or in cases where the events occurred prior to the announcement of the new rule.
Selective prospectivity is a legal concept that pertains to a court’s decision to implement a new rule of law in a particular case, while continuing to apply the old rule in all other cases that were pending at the time the new rule was declared or in which the facts precede the announcement of the new rule. To illustrate, suppose a court declares a new rule that prohibits the use of a specific type of pesticide. If a case arises that involves the use of that pesticide after the new rule was declared, the court will enforce the new rule. However, if there are other cases pending that involve the use of the same pesticide before the new rule was declared, the court will apply the old rule. Another example could be a court ruling that a certain type of contract is unenforceable. If a case arises that involves that type of contract after the ruling, the court will apply the new rule. However, if there are other cases pending that involve the same type of contract before the ruling, the court will apply the old rule. These examples demonstrate how selective prospectivity is implemented in practice. It enables courts to apply new rules of law in a just and consistent manner, while also respecting the rights of parties who were subject to the old rule before the new rule was declared.
Selective prospectivity refers to the principle that a new legal rule or decision will only apply to future cases and not retroactively affect past cases.
Selective prospectivity ensures fairness and stability in the legal system by allowing individuals and businesses to rely on existing laws and court decisions without the fear of sudden changes that could disrupt their rights or obligations.
In general, court decisions are not applied retroactively unless there is a specific legal provision or principle that allows for retroactive application. Selective prospectivity is the default approach.
Yes, there are exceptions to selective prospectivity. For example, if a court decision involves a constitutional issue or a violation of fundamental rights, it may be applied retroactively to correct past injustices.
Selective prospectivity in criminal cases means that new laws or court decisions that favor the defendant will not be applied retroactively to cases that have already been decided. This protects the finality of criminal convictions.
Selective prospectivity can be challenged in court if there are valid legal arguments to support retroactive application. However, the burden of proof is usually on the party seeking retroactive application.
Yes, selective prospectivity applies to both criminal and civil cases. It ensures that new legal rules or court decisions will only affect future cases and not disrupt settled legal matters.
Selective prospectivity in contract law means that changes in the law or court decisions will not retroactively affect the validity or enforceability of existing contracts. Parties can rely on the terms of their contracts without fear of unexpected changes.
Yes, legislation can override selective prospectivity and make new laws or court decisions apply retroactively. However, such legislation must be clear and explicit in its intention to do so.
Selective prospectivity promotes legal certainty by providing stability and predictability in the legal system. It allows individuals and businesses to plan their actions and make informed decisions based on existing laws and court precedents.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/selective-prospectivity/
- Modern Language Association (MLA):Selective Prospectivity. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/selective-prospectivity/.
- Chicago Manual of Style (CMS):Selective Prospectivity. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/selective-prospectivity/ (accessed: May 09 2024).
- American Psychological Association (APA):Selective Prospectivity. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/selective-prospectivity/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts