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 occasions when analysis of the rule of law may provide the foundation for the application of retrospective laws.
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.
Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
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.
Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.