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Retroactive And Retrospective Legislation And The Rule Of Law
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Book Synopsis Retroactive Legislation by : Daniel E. Troy
Download or read book Retroactive Legislation written by Daniel E. Troy and published by American Enterprise Institute. This book was released on 1998 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle in law that the rules are not changed in the middle of game, is embodied in the notion that legislation should apply prospectively. This study analyzes the legal constraints on retroactive legislation and the presumption of prospectivity and constitutional limits on such lawmaking.
Author :Robert J. Newton Publisher :National Library of Canada = Bibliothèque nationale du Canada ISBN 13 :9780315600058 Total Pages :668 pages Book Rating :4.6/5 ( download)
Book Synopsis Retroactive and Retrospective Legislation and the Rule of Law by : Robert J. Newton
Download or read book Retroactive and Retrospective Legislation and the Rule of Law written by Robert J. Newton and published by National Library of Canada = Bibliothèque nationale du Canada. This book was released on 1990 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Retroactivity and the Common Law by : Ben Juratowitch
Download or read book Retroactivity and the Common Law written by Ben Juratowitch and published by Bloomsbury Publishing. This book was released on 2008-02-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future. ...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry
Author :Charles J. G. Sampford Publisher :Oxford University Press on Demand ISBN 13 :9780198252986 Total Pages :308 pages Book Rating :4.2/5 (529 download)
Book Synopsis Retrospectivity and the Rule of Law by : Charles J. G. Sampford
Download or read book Retrospectivity and the Rule of Law written by Charles J. G. Sampford and published by Oxford University Press on Demand. This book was released on 2006 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: However controversial, retrospective rule-making is not at all uncommon, and has been used by governments of all political persuasions for a number of applications. This text looks at the various ways in which laws may be seen as retrospective, as well as analysing the problems in defining retrospectivity.
Book Synopsis The Growth of the Law by : Benjamin Nathan Cardozo
Download or read book The Growth of the Law written by Benjamin Nathan Cardozo and published by . This book was released on 1924 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993 by :
Download or read book The Interest on Delayed Payment to Small Scale and Ancillary Industrial Undertakings Act, 1993 written by and published by Universal Law Publishing. This book was released on with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Research Handbook on International Energy Law by : Kim Talus
Download or read book Research Handbook on International Energy Law written by Kim Talus and published by Edward Elgar Publishing. This book was released on 2014-04-25 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: International energy law is an elusive but important concept. There is no body of law called Šinternational energy law�, nor is there any universally accepted definition for it, yet many specialised areas of international law have a direct relationship
Book Synopsis Private International Law, and the Retrospective Operation of Statutes. A Treatise on the Conflict of Laws, and the Limits of Their Operation in Respect of Place and Time by : Friedrich Karl von Savigny
Download or read book Private International Law, and the Retrospective Operation of Statutes. A Treatise on the Conflict of Laws, and the Limits of Their Operation in Respect of Place and Time written by Friedrich Karl von Savigny and published by . This book was released on 1969 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Introduction to International Criminal Law by : M. Cherif Bassiouni
Download or read book Introduction to International Criminal Law written by M. Cherif Bassiouni and published by Martinus Nijhoff Publishers. This book was released on 2013 with total page 1259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers the history, nature, and sources of international criminal law; the ratione personae; ratione materiae - sources of substantive international criminal law; the indirect enforcement system; the direct enforcement system; and much more.
Book Synopsis The Interpretation of Legislation in Canada by : Pierre-André Côté
Download or read book The Interpretation of Legislation in Canada written by Pierre-André Côté and published by Cownsville, Quʹebec : Editions Y. Blais. This book was released on 1991 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Russian Gas Transit Across Ukraine Post-2019 by : Simon Pirani
Download or read book Russian Gas Transit Across Ukraine Post-2019 written by Simon Pirani and published by . This book was released on 2016 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Constitutional Conscience by : H. Jefferson Powell
Download or read book Constitutional Conscience written by H. Jefferson Powell and published by University of Chicago Press. This book was released on 2008-09-15 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: While many recent observers have accused American judges—especially Supreme Court justices—of being too driven by politics and ideology, others have argued that judges are justified in using their positions to advance personal views. Advocating a different approach—one that eschews ideology but still values personal perspective—H. Jefferson Powell makes a compelling case for the centrality of individual conscience in constitutional decision making. Powell argues that almost every controversial decision has more than one constitutionally defensible resolution. In such cases, he goes on to contend, the language and ideals of the Constitution require judges to decide in good faith, exercising what Powell calls the constitutional virtues: candor, intellectual honesty, humility about the limits of constitutional adjudication, and willingness to admit that they do not have all the answers. Constitutional Conscience concludes that the need for these qualities in judges—as well as lawyers and citizens—is implicit in our constitutional practices, and that without them judicial review would forfeit both its own integrity and the credibility of the courts themselves.
Book Synopsis On the Interpretation of Statutes by : Sir Peter Benson Maxwell
Download or read book On the Interpretation of Statutes written by Sir Peter Benson Maxwell and published by . This book was released on 1875 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum
Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.
Book Synopsis Comparative Legal Linguistics by : Heikki E.S. Mattila
Download or read book Comparative Legal Linguistics written by Heikki E.S. Mattila and published by Routledge. This book was released on 2016-05-23 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French, Spanish and English. This second edition has been fully revised, updated and enlarged. A new chapter on legal Spanish takes into account the increasing importance of the language, and a new section explores the use (in legal circles) of the two variants of the Norwegian language. All chapters have been thoroughly updated and include more detailed footnote referencing. The work will be a valuable resource for students, researchers, and practitioners in the areas of legal history and theory, comparative law, semiotics, and linguistics. It will also be of interest to legal translators and terminologists.
Book Synopsis The Morality of Law by : Lon Luvois Fuller
Download or read book The Morality of Law written by Lon Luvois Fuller and published by Yale University Press. This book was released on 1969 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi
Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
