An understanding proposal of the prospective effects of judicial review decisions
DOI:
https://doi.org/10.12957/publicum.2018.33080Keywords:
Constitutional jurisdiction, judicial review, prospective effects, unconstitutionality, Rule of LawAbstract
This article aims to introduce a conceptual model in order to understand the so-called “prospective effects of judicial review decisions”. It begins examining one of the traditional assumptions of judicial review that unconstitutional law is void. In sequence, it focuses on two different models of understanding this issue and points to a broad comprehensive model that ensures transparency and coherence in judicial decisions, as well as the compliance with the necessary legal quorum. In the end, it analyzes groups of Federal Supreme Court cases, thereby identifying the consequences of the proposed model.
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