Retroactive Legislation Contributor(s): Troy, Daniel E. (Author) |
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ISBN: 0844740225 ISBN-13: 9780844740225 Publisher: AEI Press OUR PRICE: $28.45 Product Type: Hardcover - Other Formats Published: January 1998 Annotation: Essential to the rule of law is that the rules not be changed in the middle of the game. This principle is embodied in the notion that legislation should apply prospectively. Yet, too often, Congress has adopted unfair retroactive legislation, with the blessing of the courts. In this volume Dan Troy argues that political and procedural mechanisms are needed to protect settled, investment-backed expectations. Troy traces the history of the presumption of prospectivity and surveys the Constitution's ex post facto, bill of attainder, contracts, and takings clauses in documenting the courts' failure to guard against retroactive legislation. |
Additional Information |
BISAC Categories: - Law - Political Science | American Government - General |
Dewey: 340 |
LCCN: 97-52784 |
Physical Information: 0.64" H x 6.32" W x 9.3" (0.89 lbs) 127 pages |
Descriptions, Reviews, Etc. |
Publisher Description: The principle in law that the rules are not changed in the middle of game, is embodied in the notion that legislation should apply prospectively. This study analyzes the legal constraints on retroactive legislation and the presumption of prospectivity and constitutional limits on such lawmaking. |