Retrospective law-making - is it catching on?
"It is worth pausing a moment to reflect on whether retrospective legislation is proper in a society supposedly governed by the rule of law. Is retrospective action of this type acceptable? And if so, in what circumstances is it acceptable?"
In countries where the ‘rule of law’ applies, there is usually a dislike of legislation which has retrospective effect. In this brief post, I do not seek to discuss in any detail the merits or otherwise of the arguments for or against retrospective legislation, save to say that with regard to legal certainty, it is important both for individual citizens and business enterprises as well as other legal entities that they can assess the legality and legal effects of a planned action before instituting such action. They ought not be exposed to the risk of burdensome, ex post changes to the legal rules.
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