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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 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 How to Do Things with Rules by : William Twining
Download or read book How to Do Things with Rules written by William Twining and published by Cambridge University Press. This book was released on 2010-05-20 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.
Book Synopsis Comparative Multidisciplinary Perspectives on Omnibus Legislation by : Ittai Bar-Siman-Tov
Download or read book Comparative Multidisciplinary Perspectives on Omnibus Legislation written by Ittai Bar-Siman-Tov and published by Springer Nature. This book was released on 2021-05-27 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first in the world to provide a cross-national, comparative exploration of omnibus legislation. It contributes to the global debate over omnibus legislation and offers comprehensive, thorough and multifaceted coverage that concerns the fields of legislation and legisprudence, comparative law, political science, public policy and economics. Beyond its relevance for these fields, the book will support practitioners in parliaments, governments and courts, thereby impacting the actual use of omnibus legislation. A new, major and controversial reform is enacted in the middle of the night. It is buried in a massive omnibus bill hundreds of pages in length, which is rammed through the legislative process at breakneck speed. The legislators receive the final version of the bill in the very last minute, and protest that they’ve had no opportunity to read it in detail and know what they’re voting upon. The majority party’s legislative leaders, however, are unimpressed, and the law is eventually passed on the basis of strict party discipline. Though it may sound far-fetched, this scenario is all too familiar in many legislatures around the world. The legislative practice of combining numerous unrelated measures in one long bill, which is often passed via a highly expedited process, has become a matter of intense debate and criticism in many countries.
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 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 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 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 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 Morality of Law by : Lon Luvois Fuller
Download or read book The Morality of Law written by Lon Luvois Fuller and published by . This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Book Synopsis Tackling tax avoidance by : Great Britain: H.M. Treasury
Download or read book Tackling tax avoidance written by Great Britain: H.M. Treasury and published by The Stationery Office. This book was released on 2011-03-25 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated March 2011. A supporting document for the Budget 2011 (HC 836, ISBN 9780102971033)
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 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:
