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Retroactive Legislation
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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 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 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 :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:
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.
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 S. 94, Prohibition on the Consideration of Retroactive Tax Increases by : United States. Congress. Senate. Committee on Governmental Affairs
Download or read book S. 94, Prohibition on the Consideration of Retroactive Tax Increases written by United States. Congress. Senate. Committee on Governmental Affairs and published by . This book was released on 1996 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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:
Book Synopsis How Our Laws are Made by : John V. Sullivan
Download or read book How Our Laws are Made written by John V. Sullivan and published by . This book was released on 2007 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis American common law and the principle nullum crimen sine lege by : Stanislaw Pomorski
Download or read book American common law and the principle nullum crimen sine lege written by Stanislaw Pomorski and published by Walter de Gruyter. This book was released on 2012-05-02 with total page 232 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 The Heritage Guide to the Constitution by : David F. Forte
Download or read book The Heritage Guide to the Constitution written by David F. Forte and published by Simon and Schuster. This book was released on 2014-09-16 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark work of more than one hundred scholars, The Heritage Guide to the Constitution is a unique line-by-line analysis explaining every clause of America's founding charter and its contemporary meaning. In this fully revised second edition, leading scholars in law, history, and public policy offer more than two hundred updated and incisive essays on every clause of the Constitution. From the stirring words of the Preamble to the Twenty-seventh Amendment, you will gain new insights into the ideas that made America, important debates that continue from our Founding, and the Constitution's true meaning for our nation
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 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 1988-10 with total page 68 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 . This book was released on 1880 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis An Essay on the Constitutional Prohibitions Against Legislation Impairing 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 Impairing the Obligation of Contracts, and Against Retroactive and Ex Post Facto Laws written by Henry Campbell Black and published by Fred B. Rothman. This book was released on 1980 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
