The Retroactivity Of Law
DOWNLOAD
AUDIOBOOK
Download The Retroactivity Of Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Retroactivity Of Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Retroactivity And The Common Law
DOWNLOAD
AUDIOBOOK
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 Legislation
DOWNLOAD
AUDIOBOOK
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.
A Treatise On The Operation And Construction Of Retroactive Laws As Affected By Constitutional Limitations And Judicial Interpretations
DOWNLOAD
AUDIOBOOK
Author : William Pratt Wade
language : en
Publisher: Legare Street Press
Release Date : 2022-10-27
A Treatise On The Operation And Construction Of Retroactive Laws As Affected By Constitutional Limitations And Judicial Interpretations written by William Pratt Wade and has been published by Legare Street Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-10-27 with History categories.
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.
The Retroactivity Of Law
DOWNLOAD
AUDIOBOOK
Author : Basil M. Frison
language : en
Publisher:
Release Date : 2013-03
The Retroactivity Of Law written by Basil M. Frison and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03 with categories.
A Treatise On The Operation And Construction Of Retroactive Laws
DOWNLOAD
AUDIOBOOK
Author : William Pratt Wade
language : en
Publisher: Nabu Press
Release Date : 2014-02-23
A Treatise On The Operation And Construction Of Retroactive Laws written by William Pratt Wade and has been published by Nabu Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-23 with categories.
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
When Rules Change
DOWNLOAD
AUDIOBOOK
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.
The New Law
DOWNLOAD
AUDIOBOOK
Author : Stefan Lorenzmeier
language : de
Publisher: Nomos Verlagsgesellschaft
Release Date : 2018
The New Law written by Stefan Lorenzmeier and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law reform categories.
Das neue Recht hilft bei der Lösung von Problemen, mit denen sich internationale Organisationen, Staaten, Bevölkerungen und Durchschnittsbürger jeden Tag auseinandersetzen müssen. Die Autoren lösen dabei wichtige internationale, lokale oder nationale Probleme auf innovative und neuartige Weise, indem sie rechtliche Konzepte entwickeln, die auf staatlicher, regionaler und kontinentaler Ebene anwendbar sind. Zusätzlich zu Lösungen für spezifische Probleme beinhalten einige Beiträge eine theoretische Diskussion von Reformen und Verbesserungen allgemeiner Natur. Die von den Autoren dargestellt Vorschläge kombinieren das Wissen und die Erfahrung von Juristen und Praktikern mit der Kreativität von Nachwuchswissenschaftlern, um über die traditionellen Rechtsmodelle hinaus zu denken und bedeutende innovative Ideen einzuführen, die das bestehende Rechtssystem voranbringen.
Introduction To International Criminal Law
DOWNLOAD
AUDIOBOOK
Author : M. Cherif Bassiouni
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013
Introduction To International Criminal Law written by M. Cherif Bassiouni and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
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.
Retrospectivity And The Rule Of Law
DOWNLOAD
AUDIOBOOK
Author : Charles J. G. Sampford
language : en
Publisher: Oxford University Press on Demand
Release Date : 2006
Retrospectivity And The Rule Of Law written by Charles J. G. Sampford and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
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.
The Legal Effects Of Recognition In International Law
DOWNLOAD
AUDIOBOOK
Author : John G. Hervey
language : en
Publisher: University of Pennsylvania Press
Release Date : 2016-11-11
The Legal Effects Of Recognition In International Law written by John G. Hervey and has been published by University of Pennsylvania Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-11 with Law categories.
Court procedure where political departments have failed to act, based on an analysis of more than two hundred of the leading American and English decisions over a period of one hundred and fifty years.
