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.
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:
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 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.
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:
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.
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:
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:
Download or read book The Form of Legislation and the Rule of Law written by Ronan Cormacain and published by Bloomsbury Publishing. This book was released on 2022-12-22 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does the rule of law mean, in practical terms, for the way that legislation is prepared, drafted and presented? It is a cornerstone of the UK legal order and requires certain things from the legal system, such as that the law must be intelligible, predictable and accessible. This book examines what those requirements mean for the form that legislation must take. Using the rule of law as the starting point, the author uses deductive reasoning to determine what flows from this in terms of the form of legislation. Each element of the rule of law is analysed to establish principles about the form that legislation ought to take, and the book examines how each principle can be given concrete effect. The originality lies in the nexus between the rule of law and the form of legislation. Much has been written about the nature and content of the rule of law, but relatively little has been devoted to legisprudence, the theory and practice of legislation. This book now draws these two subjects together in a detailed and innovative way.
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.
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
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)
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.
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 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:
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.
Download or read book Interpretation Of Statutes written by Kafaltiya A.B. and published by Universal Law Publishing. This book was released on 2008 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:
