Retrospectivity and the Rule of Law

Overview


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 ...
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Overview


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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Product Details

  • ISBN-13: 9780198252986
  • Publisher: Oxford University Press, USA
  • Publication date: 6/30/2006
  • Pages: 336
  • Product dimensions: 9.30 (w) x 6.30 (h) x 1.10 (d)

Meet the Author

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 Philosophy Department in 1990 to help establish the Centre for Philosophy and Public Issues. In 1991 he was invited to come to Queensland as Foundation Dean of Law at Griffith University. This is widely regarded as the most innovative and most successful of Australia's new law schools. In 1999, he was appointed Foundation Director of the Key Centre for Ethics, Law, Justice and Governance (one of only 14 such nationally funded centres across all disciplines and all disciplines). In 2004, he became Director of the Institute for Ethics, Governance and Law, a joint initiative of the United Nations University and Griffith.

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Table of Contents

1. Defining Retrospectivity
2. Arguments against retrospective law
3. The Rule of Law
4. Retrospective Rule Making
5. Arguments for retrospective rule making
6. Conclusion: Consequences for our understanding of the Rule of Law

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