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Retrospective rule-making has few supporters and many opponents.
Defenders of retrospective laws generally do so on the basis that
they are a necessary evil in specific or limited circumstances, for
example to close tax loopholes, to deal with terrorists or to
prosecute fallen tyrants. Yet the reality of retrospective rule
making is far more widespread than this, and ranges from
'corrective' legislation to 'interpretive regulations' to judicial
decision making. The search for a rational justification for
retrospective rule-making necessitates a reconsideration of the
very nature of the rule of law and the kind of law that can rule,
and will provide new insights into the nature of law and the
parameters of societal order. This book examines the various ways
in which laws may be seen as retrospective and analyses the
problems in defining retrospectivity. In his analysis Dr Charles
Sampford asserts that the definitive argument against retrospective
rule-making is the expectation of individuals that, if their
actions today are considered by a future court, the applicable law
was discoverable at the time the action was performed. The book
goes on to suggest that although the strength of this 'rule of law'
argument should prevail in general, exceptions are sometimes
necessary, and that there may even be occasions when analysis of
the rule of law may provide the foundation for the application of
retrospective laws.
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All about Jennie (Paperback)
Mrs Jennie Louise Webster; Created by Mrs Jennie Lousie Webster; Designed by Mrs Jennie Louise Webster
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R748
Discovery Miles 7 480
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Ships in 10 - 15 working days
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