Book

RETROSPECTIVITY AND THE RULE OF LAW

Charles Sampford, Jennie Louise, Sophie Blencowe and Tom Round

Published in print March 2006 | ISBN: 9780198252986
Published online March 2012 | e-ISBN: 9780191681394 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252986.001.0001
RETROSPECTIVITY AND THE RULE OF LAW

More Like This

Show all results sharing this subject:

  • Jurisprudence and Philosophy of Law

GO

Show Summary Details

Preview

Retrospective rule making has few supporters and many opponents. Defenders of retrospective laws generally do so based on the premise that they are necessary evils in specific or limited circumstances, especially in terms of closing tax loopholes, dealing with terrorists or prosecuting fallen tyrants. Yet the reality of retrospective rule making is far more widespread than this, and ranges from ‘corrective’ legislation to ‘interpretive regulations’ and judicial decision making. The search for a rational justification for retrospective rule making necessitates a reconsideration of the very nature of the rule of law and the kind of law that can rule, and will provide new insights into the nature of law and the parameters of societal order. This book examines the various ways in which laws may be seen as retrospective and analyses the problems in defining retrospectives. In his investigation, the author asserts that the definitive argument against retrospective rule-making is the expectation of individuals that, if their actions today are considered by a future court, the applicable law at that time will be performed. The book goes on to suggest that although the strength of this ‘rule of law’ argument should prevail in general, exceptions are sometimes necessary, and that there may even be occasions when understanding of the rule of law may provide the foundation for the application of retrospective laws.

Keywords: retrospective laws; terrorism; corrective legislation; interpretive regulations; judicial decision making; societal order; rule of law

Book.  328 pages. 

Subjects: Jurisprudence and Philosophy of Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »


Table of Contents

Introduction in RETROSPECTIVITY AND THE RULE OF LAW

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Defining retrospectivity in RETROSPECTIVITY AND THE RULE OF LAW

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

The Rule of Law in RETROSPECTIVITY AND THE RULE OF LAW

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Arguments against retrospective laws in RETROSPECTIVITY AND THE RULE OF LAW

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Retrospective legislation in RETROSPECTIVITY AND THE RULE OF LAW

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Retrospective judicial law-making<sup>1</sup> in RETROSPECTIVITY AND THE RULE OF LAW

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Justifications for retrospective law in RETROSPECTIVITY AND THE RULE OF LAW

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Conclusions and consequences for the Rule of Law in RETROSPECTIVITY AND THE RULE OF LAW

Chapter

Full text: subscription required

How to subscribe Recommend to my Librarian

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.