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Retroactive 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.
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
Book Synopsis A Treatise on the Operation and Construction of Retroactive Laws by : William Pratt Wade
Download or read book A Treatise on the Operation and Construction of Retroactive Laws written by William Pratt Wade and published by . This book was released on 1880 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Ex Post Facto Clause by : Wayne A. Logan
Download or read book The Ex Post Facto Clause written by Wayne A. Logan and published by Oxford University Press. This book was released on 2022-10-28 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume provides the first book-length, modern-era examination of the Ex Post Facto Clause, contained in Article I of the U.S. Constitution, and its role in tempering the penal populism of American legislatures. As one of the few rights specified in the body of the Constitution itself, the Clause was intended, as James Madison put it, to serve as a "bulwark" against the tendency of legislatures to enact retroactive laws increasing or imposing new burdens on disdained individuals. For the first several decades of the nation's history, the Supreme Court enforced the Clause with vigor, for instance invalidating retroactive laws enacted after the Civil War targeting supporters of the Confederacy. Today, however, the Clause is a hollowed out shell of its former self, reflecting and enabling the nation's shift toward politically popular tough-on-crime policies. The book chronicles this evolution and provides a blueprint for how the Ex Post Facto Clause can be restored to its rightful place as a bulwark against the punitive impulses of modern-day legislators, whether state or federal"--
Book Synopsis When Rules Change by : Daniel Shaviro
Download or read book When Rules Change written by Daniel Shaviro and published by University of Chicago Press. This book was released on 2000-03 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suppose Congress were to change Social Security just before you retired? Or repeal income tax deductions for homeowners? Or institute a flat tax? Should those changes be retroactive? Or should you retain the gains or accept the losses resulting from the new enactments? What kinds of policies might governments adopt in order to mitigate the transitional effects of changing legal rules? Daniel Shaviro tackles these tough questions, bringing legal, economic, and political perspectives to bear on a persistent problem not often given serious attention. When Rules Change: An Economic and Political Analysis of Transition Relief and Retroactivity focuses on tax law changes to develop an in-depth understanding of the transitional issues inherent in any substantive rule change and also to advance a set of normative policy guidelines applicable to any such circumstance. Shaviro reframes traditional approaches to the problem of retroactivity and offers new insights into both the theory and policy of legislative transitions.
Book Synopsis A Treatise on the Operation and Contruction of Retroactive Laws by : Wade
Download or read book A Treatise on the Operation and Contruction of Retroactive Laws written by Wade and published by . This book was released on 1880 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Retroactive Law by : Stephen R. Munzer
Download or read book Retroactive Law written by Stephen R. Munzer and published by . This book was released on 1977 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Treatise On The Operation And Construction Of Retroactive Laws by : William Pratt Wade
Download or read book A Treatise On The Operation And Construction Of Retroactive Laws written by William Pratt Wade and published by Legare Street Press. This book was released on 2022-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Book Synopsis A Treatise on the Operation and Construction of Retroactive Laws by : William Pratt Wade
Download or read book A Treatise on the Operation and Construction of Retroactive Laws written by William Pratt Wade and published by Nabu Press. This book was released on 2014-02-23 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. ++++ The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to ensure edition identification: ++++ A Treatise On The Operation And Construction Of Retroactive Laws: As Affected By Constitutional Limitations And Judicial Interpretations William Pratt Wade F.H. Thomas and Co., 1880 Ex post facto laws; Retroactive laws
Book Synopsis An Essay on the Constitutional Prohibitions Against Legislation Imparing the Obligation of Contracts, and Against Retroactive and Ex Post Facto Laws by : Henry Campbell Black
Download or read book An Essay on the Constitutional Prohibitions Against Legislation Imparing the Obligation of Contracts, and Against Retroactive and Ex Post Facto Laws written by Henry Campbell Black and published by . This book was released on 1887 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 A Theory of Retroactive Legislation by : Stephen R. Munzer
Download or read book A Theory of Retroactive Legislation written by Stephen R. Munzer and published by . This book was released on 1982 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Leviathan by : Cass R. Sunstein
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Book Synopsis Retroactive Legislation Affecting Interests in Land by : John Scurlock
Download or read book Retroactive Legislation Affecting Interests in Land written by John Scurlock and published by . This book was released on 1953 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution Publisher : ISBN 13 : Total Pages :96 pages Book Rating :4.0/5 (13 download)
Book Synopsis Retroactive Taxation by : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
Download or read book Retroactive Taxation written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 1996 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Guidelines Manual by : United States Sentencing Commission
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
