Year: 2015
Type: article
Abstract: Constitutional systems differ in determining the effect of a ruling of unconstitutionality in terms of time. Some systems stipulate the direct or immediate effect of a ruling of unconstitutionality. The concept of this approach is that the effect of a ruling of unconstitutionality is limited to the future only and has no retroactive effect, so it does not affect relationships and positions prior to it. This approach has been adopted by France, Spain, Greece, Turkey, Austria, and Bulgaria. Other systems, however, have adopted the retroactive effect of a ruling of unconstitutionality. According to this approach, a ruling of unconstitutionality is not only effective immediately, i.e., on rights and legal positions that arise after the date of publication of the ruling of unconstitutionality in the Official Gazette, but it is also effective retroactively, i.e., on rights and legal positions that arose before the aforementioned date, except for those established by a ruling that has acquired the force of res judicata or by the expiration of the statute of limitations, as is the case in the United States of America, Italy, Portugal, Germany, Kuwait, and Egypt.
Language: Arabic
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W7218289146