Show simple item record

dc.contributor.authorSampford, Charlesen_US
dc.contributor.authorLouise, Jennieen_US
dc.contributor.authorBlencowe, Sophieen_US
dc.contributor.authorRound, Thomasen_US
dc.date.accessioned2017-04-24T09:06:15Z
dc.date.available2017-04-24T09:06:15Z
dc.date.issued2006en_US
dc.date.modified2014-08-11T00:44:38Z
dc.identifier.isbn0198252986en_US
dc.identifier.urihttp://hdl.handle.net/10072/12623
dc.description.abstractRetrospective 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.en_US
dc.description.peerreviewedYesen_US
dc.description.publicationstatusYesen_US
dc.languageEnglishen_US
dc.language.isoen_US
dc.publisherOxford University Pressen_US
dc.publisher.placeOxforden_US
dc.publisher.urihttp://www.oup.com.au/titles/academic/law/jurisprudence/9780198252986en_US
dc.relation.ispartofstudentpublicationNen_US
dc.rights.retentionYen_US
dc.subject.fieldofresearchcode390103en_US
dc.subject.fieldofresearchcode390302en_US
dc.titleRetrospectivity and the Rule of Lawen_US
dc.typeBooken_US
dc.type.descriptionA1 - Authored Research (HERDC)en_US
dc.type.codeA - Booksen_US
gro.rights.copyrightSelf-archiving is not yet supported by this publisher. Please refer to the publisher's website or contact the author(s) for more information.en_US
gro.date.issued2006
gro.hasfulltextNo Full Text


Files in this item

FilesSizeFormatView

There are no files associated with this item.

This item appears in the following Collection(s)

  • Books
    Contains books authored and edited by Griffith authors.

Show simple item record