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.
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Titolo: Retrospectivity and the Rule of Law
Autore:
Sampford Charles,
C. J. G. Sampford
Editore: OUP Oxford
Data di Pubblicazione: 2006
Pagine: 00336
Formato: 2
ISBN: 9780198252986