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

Download or read book RetroActive written by Ibrahim Moustafa and published by Humanoids, Inc.. This book was released on 2022-04-26 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Retroactive 8 written by Maureen Anderson and published by Jacaranda. This book was released on 2012 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jacaranda FlexiSavers provide students with a flexible, cost-saving alternative to the student textbook on your booklist. FlexiSavers are priced at 70% of the RRP of a standard textbook and are packaged as shrink-wrapped, looseleaf pages - making them ideal for student binders. All Jacaranda FlexiSavers include access to eBookPLUS. JACARANDA FLEXISAVER BENEFITS FOR PARENTS & STUDENTS: 1. 30% cost saving 2. Flexible format enables insertion of students and teacher notes throughout 3. Lightweight option of only bringing the chapters required to school Retroactive 8 Australian Curriculum for History provides an engaging and in-depth coverage of the new Australian Curriculum for History. Designed to develop students' understanding of key historical concepts and inquiry skills, the text integrates an authoritative coverage of topic content with a stimulating range of sources and graded activities. Features: * Overview chapters including links to relevant units in the depth study electives where units are based on the main content areas in each overview * Depth study chapters provide a detailed coverage of the content descriptions in each elective * An in-depth coverage of curriculum content integrated with stimulating sources and structured activities to give students the resources to thoroughly investigate these key historical concepts * A skills and understanding review at the end of depth study chapters to give students further skills practice * A dedicated ICT activities spread for each chapter which highlights all the ICT resources in eBookPLUS Retroactive 8 Australian Curriculum for History eBookPLUS is an electronic version of the textbook and a complementary set of targeted digital resources. These flexible and engaging ICT activities are available online at the JacarandaPLUS website (www.jacplus.com.au). The eBookPLUS includes: * ProjectsPLUS, a unique ICT-based project which uses an exciting new research management system featuring media, templates and videos * Interactivities and games to enhance student understanding through hands-on experience * Video eLessons to bring key concepts to life * Weblinks to useful support material on the internet Click to view Retroactive 8 Australian Curriculum for History eBookPLUS. Click here to view our range of History for the Australian Curriculum Value Packs

Download or read book Examining Contractor Performance and Government Management of Retroactive Pay for Retired Veterans with Disabilities written by United States. Congress. House. Committee on Oversight and Government Reform. Subcommittee on Domestic Policy and published by . This book was released on 2009 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Virginia Law Register written by and published by . This book was released on 1924 with total page 1048 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Current Wage Developments written by and published by . This book was released on 1988 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book United States Income and War Tax Guide Based on Revenue Act of 19 and Regulations Rulings and Decisions Up to 19 written by William KixMiller and published by . This book was released on 1927 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book New York Court of Appeals Records and Briefs written by New York (State). and published by . This book was released on with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Subcommittee Hearings on H R 5344 to Prevent Retroactive Checkage of Retired Pay in the Cases of Certain Enlisted Men and Warrant Officers Appointed Or Advanced to Commissioned Rank Or Grade Under the Act of July 24 1941 55 Stat 603 as Amended and for Other Purposes written by United States. Congress. House. Committee on Armed Services and published by . This book was released on 1948 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Court of Appeal 1st Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book GAO Documents written by United States. General Accounting Office and published by . This book was released on 1981 with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt: Catalog of reports, decisions and opinions, testimonies and speeches.

Download or read book California Court of Appeal 5th Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Court of Appeal 2nd Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 1086 pages. Available in PDF, EPUB and Kindle. Book excerpt: Number of Exhibits: 17 Received document entitled: PETITIONER'S APPENDIX OF EXHIBITS

Download or read book United States of America V Romenesko written by and published by . This book was released on 1976 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Pacific Reporter written by and published by . This book was released on 1928 with total page 1152 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Lawyers Reports Annotated written by and published by . This book was released on 1916 with total page 1338 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Court Decisions Relating to the National Labor Relations Act written by United States. National Labor Relations Board and published by . This book was released on 1977 with total page 1348 pages. Available in PDF, EPUB and Kindle. Book excerpt: