Retrospectivity And The Rule Of Law by Charles SampfordRetrospectivity And The Rule Of Law by Charles Sampford

Retrospectivity And The Rule Of Law

byCharles Sampford, Jennie Louise, Sophie Blencowe

Hardcover | June 13, 2006

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Retrospective 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. Yetthe 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 ofthe 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 actionstoday 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 occasionswhen analysis of the rule of law may provide the foundation for the application of retrospective laws.
After gaining a double first in politics and philosophy and the Supreme Court Prize in Law from Melbourne University, Charles Sampford won a Commonwealth Scholarship to Oxford to pursue his studies in legal philosophy being awarded a DPhil in 1984. He returned to Melbourne University to teach law before being a secondment to the Phil...
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Title:Retrospectivity And The Rule Of LawFormat:HardcoverDimensions:336 pages, 9.21 × 6.14 × 1.04 inPublished:June 13, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198252986

ISBN - 13:9780198252986

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Table of Contents

1. Defining Retrospectivity2. The Rule of Law3. Arguments Against Retrospective Law4. Retrospective Legislation5. Retrospective Judicial Law-Making6. Justifications for Retrospective Law7. Conclusions and Consequences for the Rule of Law