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However controverial, retrospective rule-making is not at all uncommon and has been used by governments of all political persuasions for incarcerating terrorists to closing tax loopholes, and by courts of no political persuasion in developing and refining the common law. This book examines the nature of retrospective rule making and the arguments for and against it. The book concludes that there is one important argument against retrospective laws based on the rule of law, but this does not apply in all instances, and in some cases even demonstrates the need for retrospective laws. This has profound implications for our understanding of the rule of law, of law itself and for the ideal of a well-ordered society.
This book investigates the complex legal and ethical legitimacy of retrospective rule-making within the framework of the rule of law. Charles Sampford, a scholar of legal theory and institutional design, utilizes a combination of historical analysis and normative jurisprudence to evaluate how governments and courts employ retroactive measures. He argues that while a primary objection to retrospective law exists, it is not an absolute prohibition, suggesting that certain contexts necessitate such measures to maintain a well-ordered society.
What You Will Find
Legal scholars and practitioners frequently cite this work as a nuanced contribution to the debate on legislative retroactivity. Experts highlight the text for its ability to challenge binary views on the rule of law by demonstrating the functional necessity of retrospective measures in specific legal scenarios.
Page Count:
336
Publication Date:
2006-06-01
Publisher:
Oxford University Press
ISBN-10:
0198252986
ISBN-13:
9780198252986
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