A Treatise on the Operation and Construction of Retroactive Laws PDF Download
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Author: William Pratt Wade
Publisher:
ISBN:
Category : Ex post facto laws
Languages : en
Pages : 454
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Book Description
Author: William Pratt Wade
Publisher:
ISBN:
Category : Ex post facto laws
Languages : en
Pages : 454
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Book Description
Author: William Pratt Wade
Publisher: Legare Street Press
ISBN: 9781016907811
Category :
Languages : en
Pages : 0
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Book Description
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: William Pratt Wade
Publisher: Nabu Press
ISBN: 9781293695876
Category :
Languages : en
Pages : 444
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Book Description
This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. ++++ The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to ensure edition identification: ++++ A Treatise On The Operation And Construction Of Retroactive Laws: As Affected By Constitutional Limitations And Judicial Interpretations William Pratt Wade F.H. Thomas and Co., 1880 Ex post facto laws; Retroactive laws
Author: Wade
Publisher:
ISBN:
Category :
Languages : en
Pages : 452
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Book Description
Author: Wad
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Theodore Sedgwick
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 750
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Book Description
Author: Ben Juratowitch
Publisher: Bloomsbury Publishing
ISBN: 1847314104
Category : Law
Languages : en
Pages : 270
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Book Description
This book analyses the common law's approach to retroactivity. The central claim is that when a court considers whether to develop or change a common law rule the retroactive effect of doing so should explicitly be considered and, informed by the common law's approach to statutory construction, presumptively be resisted. As a platform for this claim a definition of 'retroactivity' is established and a review of the history of retroactivity in the common law is provided. It is then argued that certainty, particularly in the form of an ability to rely on the law, and a conception of negative liberty, constitute rationales for a general presumption against retroactivity at a level of abstraction applicable both to the construction of statutes and to developing or changing common law rules. The presumption against retroactivity in the construction of statutes is analysed, and one conclusion reached is that the presumption is a principle of the common law independent of legislative intent. Across private, public and criminal law, the retroactive effect of judicial decisions that develop or change common law rules is then considered in detail. 'Prospective overruling' is examined as a potential means to control the retroactive effect of some judicial decisions, but it is argued that prospective overruling should be regarded as constitutionally impermissible. The book is primarily concerned with English and Australian law, although cases from other common law jurisdictions, particularly Canada and New Zealand, are also discussed. The conclusion is that in statutory construction and the adjudication of common law rules there should be a consistently strong presumption against retroactivity, motivated by the common law's concern for certainty and liberty, and defeasible only to strong reasons. 'Ben Juratowitch not only gives an account of the operation of the presumption, but also teases out the policies which underlie the different rules. This is particularly welcome. Lawyers and judges often seem less than sure-footed when confronted by questions in this field. By giving us an insight into the policies, the author provides a basis for more satisfactory decision-making in the future. ...The author not only discusses the recent cases but examines the question in the light of authority in other Commonwealth jurisdictions and with due regard to the more theoretical literature. This is a valuable contribution to what is an important current debate in the law. Happily, Ben Juratowitch has succeeded in making his study not only useful, but interesting and enjoyable.' From the Foreword by Lord Rodger of Earlsferry
Author: Theodore Sedgwick
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 770
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Book Description
Author: Theodore Sedgwick
Publisher: BoD – Books on Demand
ISBN: 3368853880
Category : Fiction
Languages : en
Pages : 746
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Book Description
Reprint of the original, first published in 1874.
Author: Theodore Sedgwick
Publisher: BoD – Books on Demand
ISBN: 3382332094
Category : Fiction
Languages : en
Pages : 766
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Book Description
Reprint of the original, first published in 1857. The publishing house Anatiposi publishes historical books as reprints. Due to their age, these books may have missing pages or inferior quality. Our aim is to preserve these books and make them available to the public so that they do not get lost.
