Retrospectivity and the rule of law
Sampford, Charles (2006) Retrospectivity and the rule of law. Oxford University Press, United Kingdom, Oxford.
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This book analyses and refines the arguments for and against retrospective rule making, concluding that there is one really strong argument against it: the expectation that, if an individual's actions are considered by a future court, the legal consequences of that action will be determined by the law that was discoverable at the time the action was performed. This argument, which goes to the heart of the rule of law, is generally determinative. However, in some cases the argument does not run and this book suggests that, in some areas of law, reliance should be actively discouraged by prospective warnings that the law is subject to change.
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|Keywords:||Retroactive Laws, Rule of Law, Judicial Process|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Legal Theory Jurisprudence and Legal Interpretation (180122)|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
|Copyright Owner:||Copyright 2006 Oxford University Press|
|Deposited On:||05 Aug 2009 07:57|
|Last Modified:||29 Feb 2012 23:54|
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