Chapter

Retrospective judicial law-making<sup>1</sup>

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/9780198252986.003.0006
Retrospective judicial law-making1

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Various perceptions regarding the judging process and basis as well as the importance of reliance are discussed in this chapter. Included here is the evolution of the connotations about judicial verdicts — from the Blackstonian formalist approach and the categorization of Justice Holmes to the perception of Ronald Dworkin and several declaratory perspectives. While these classifications seek to establish a well-governed justice body and system, there are some terms and conditions that can and will undermine the role and the premises of the Rule of Law. People's reliance to the scope and credibility of the imposed standards and norms should be a concern in studying judicial retrospectivity since the implications of the implementation of retrospective legislation will differ depending on the type of legal climate and the availability of alternative actions.

Keywords: judgment process; legal system; judicial retrospectivity; well-governed society; implementation

Chapter.  33453 words. 

Subjects: Jurisprudence and Philosophy of Law

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