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When should unconstitutionality mean void ab initio?

Fitzgerald, Brian F. (1994) When should unconstitutionality mean void ab initio? Canberra Law Review, 1(2), pp. 205-211.

Abstract

This article considers the effect of a court determination that a law is unconstitutional. It looks at how activities that have been regulated pursuant to the unconstitutional law should be dealt with. It considers whether the legislation should be void ab initio (from the beginning) or only de futuro (in the future - prospective over-ruling).

Impact and interest:

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ID Code: 19618
Item Type: Journal Article
Additional URLs:
Keywords: Effect of Unconstitutionality, Prospective over-ruling, Constititional invalidity, Cheatle v Queen, Unconstitutional criminal convictions, Raz, Authority. Legitimacy, Declaratory Theory of Law, McKinney v Queen, Moral authority
ISSN: 1320-6702
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 1994 Fitzgerald Brian
Deposited On: 20 Apr 2009 07:43
Last Modified: 09 Jun 2010 23:35

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