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The article addresses the topic of prospective overruling, as a technique for modifying precedents, and limits the retroactive effectiveness of judicial decisions.

The article presents the argument that contemporary societies are facing an ever-growing over-production of norms which are chocking its efficient functioning. The argument however is subsequently de-constructed, in particular through a comparative (European vs. US) analysis, pointing out that what is of great concern on this side of the Atlantic apparently is not at all on the other side. The article concludes with some possible remedies – admitting that we are facing an illness – to the current over-production. [ABSTRACT FROM AUTHOR]