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RETROSPECTIVITY AND THE RULE OF LAW
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RETROSPECTIVITY AND THE RULE OF LAW

Charles Sampford, Jennie Louise, Sophie Blencowe, and Tom Round

Abstract

Retrospective rule making has few supporters and many opponents. Defenders of retrospective laws generally do so based on the premise that they are necessary evils in specific or limited circumstances, especially in terms of closing tax loopholes, dealing with terrorists or prosecuting fallen tyrants. Yet the reality of retrospective rule making is far more widespread than this, and ranges from ‘corrective’ legislation to ‘interpretive regulations’ and judicial decision making. The search for a rational justification for retrospective rule making necessitates a reconsideration of the very natu ... More

Keywords: retrospective laws, terrorism, corrective legislation, interpretive regulations, judicial decision making, societal order, rule of law

Bibliographic Information

Print publication date: 2006 Print ISBN-13: 9780198252986
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780198252986.001.0001

Authors

Affiliations are at time of print publication.

Charles Sampford, author
Foundation Professor of Law and Director, International Institute for Ethics, Governance and Law, Griffith University

Jennie Louise, author

Sophie Blencowe, author

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