Retroactive
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Retroactive Legislation
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Author : Daniel E. Troy
language : en
Publisher: American Enterprise Institute
Release Date : 1998
Retroactive Legislation written by Daniel E. Troy and has been published by American Enterprise Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
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.
Retroactivity And The Common Law
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Author : Ben Juratowitch
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-02-15
Retroactivity And The Common Law written by Ben Juratowitch and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-15 with Law categories.
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
Retroactive
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Author : Maureen Anderson
language : en
Publisher: Jacaranda
Release Date : 2009-07-24
Retroactive written by Maureen Anderson and has been published by Jacaranda this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-24 with categories.
Retroactive 1 Stage 4 World History, 3E eBookPLUS is provided FREE with the textbook, but is also available for purchase separately.
Retroactive Inhibition
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Author : Esther Jeannette Swenson
language : en
Publisher:
Release Date : 1941
Retroactive Inhibition written by Esther Jeannette Swenson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1941 with Education categories.
When Rules Change
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Author : Daniel Shaviro
language : en
Publisher: University of Chicago Press
Release Date : 2000-03
When Rules Change written by Daniel Shaviro and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000-03 with Business & Economics categories.
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.
A Treatise On The Operation And Construction Of Retroactive Laws
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Author : William Pratt Wade
language : en
Publisher:
Release Date : 1880
A Treatise On The Operation And Construction Of Retroactive Laws written by William Pratt Wade and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1880 with Ex post facto laws categories.
Retroactivity
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Author : Brenton McGeachie
language : en
Publisher:
Release Date : 2010*
Retroactivity written by Brenton McGeachie and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010* with Art, Australian categories.
Book of images from a series of three exhibitions held at the Canberra Contemporary Art Space, Canberra, from 22 September - 2 October 2005, 2 -12 November 2006 and 28 August - 7 September 2008.
Retroactive
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Author : Ibrahim Moustafa
language : en
Publisher: Humanoids, Inc.
Release Date : 2022-04-26
Retroactive written by Ibrahim Moustafa and has been published by Humanoids, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-26 with Comics & Graphic Novels categories.
An agent working for the U.S. Bureau of Temporal Affairs sets out to discover the source of several anomalies in the timeline—only to become imprisoned in an inescapable time loop.
Retroactive Taxation
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Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution
language : en
Publisher:
Release Date : 1996
Retroactive Taxation written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on the Constitution and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.
S 94 Prohibition On The Consideration Of Retroactive Tax Increases
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Author : United States. Congress. Senate. Committee on Governmental Affairs
language : en
Publisher:
Release Date : 1996
S 94 Prohibition On The Consideration Of Retroactive Tax Increases written by United States. Congress. Senate. Committee on Governmental Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Law categories.