Chapter

The Rule of Law

Charles Sampford

in RETROSPECTIVITY AND THE RULE OF LAW

Published in print March 2006 | ISBN: 9780198252986
Published online March 2012 | e-ISBN: 9780191681394 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198252986.003.0003
The Rule of Law

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After the consideration of the most significant and widely applicable definition of retrospectivity, the chapter undergoes the same endeavour in relation to the ‘Rule of Law,’ which is generally viewed to have significant impact on the conceptualization of retrospective law making. Frequently, the phrase is used by conventional thinkers, liberalists and radicals who usually contextualise it with overlapping setting features and components. Despite differences in perception, there is a noticeable consent in terms of particular elements. Furthermore, contradictory statements arise due to the discussion of the normative force of the Rule of Law, referring to its terms, conditions, scope, effectiveness and objectives. Provided here is an evaluation of the validity of major criticisms and commentaries regarding the unsuccessful conformity of retrospective legislation to the Rule of Law.

Keywords: retrospectivity; Rule of Law; retrospective law making; legislation; normative force

Chapter.  13227 words. 

Subjects: Jurisprudence and Philosophy of Law

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