Chapter

Retrospective legislation

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/9780198252986.003.0005
Retrospective legislation

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From the preceding set of information, the readers might infer that the actual application of retrospective laws is atypical. To validate this, explored here are instances in Australia that apply such principle without constitutional exclusions. Other included examples come from the United States (the oldest state that observes constitutional prohibition on retrospective legislation) and some from the United Kingdom (one of the most recent). There are categories of retrospective law making, as proposed by earlier researches, which are seen as determining variables of transmitted actual legislative classes such as curative, beneficial, subordinate, procedural, criminal law, taxation law, and press release legislation groups. Such divisions will be examined in order to assess the common controversies against the retrospective law making process.

Keywords: retrospective law making; Australia; United States; United Kingdom; constitutional prohibition

Chapter.  31408 words. 

Subjects: Jurisprudence and Philosophy of Law

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