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RETROSPECTIVITY AND THE RULE OF LAW$
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Charles Sampford, Jennie Louise, Sophie Blencowe, and Tom Round

Print publication date: 2006

Print ISBN-13: 9780198252986

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198252986.001.0001

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The Rule of Law

The Rule of Law

Chapter:
(p.39) 2 The Rule of Law
Source:
RETROSPECTIVITY AND THE RULE OF LAW
Author(s):

Charles Sampford

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198252986.003.0003

After the consideration of the most significant and widely applicable definition of retrospectivity, the chapter undergoes the same endeavour in relation to the ‘Rule of Law,’ which is generally viewed to have significant impact on the conceptualization of retrospective law making. Frequently, the phrase is used by conventional thinkers, liberalists and radicals who usually contextualise it with overlapping setting features and components. Despite differences in perception, there is a noticeable consent in terms of particular elements. Furthermore, contradictory statements arise due to the discussion of the normative force of the Rule of Law, referring to its terms, conditions, scope, effectiveness and objectives. Provided here is an evaluation of the validity of major criticisms and commentaries regarding the unsuccessful conformity of retrospective legislation to the Rule of Law.

Keywords:   retrospectivity, Rule of Law, retrospective law making, legislation, normative force

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