Two reflections on retrospectivity in statutory interpretation

Meagher, Daniel 2018, Two reflections on retrospectivity in statutory interpretation, Public law review, vol. 29, pp. 224-240.

Attached Files
Name Description MIMEType Size Downloads

Title Two reflections on retrospectivity in statutory interpretation
Author(s) Meagher, DanielORCID iD for Meagher, Daniel
Journal name Public law review
Volume number 29
Start page 224
End page 240
Total pages 17
Publisher Thomson Reuters
Place of publication New York, N.Y.
Publication date 2018
ISSN 1034-3024
Summary This article considers two related aspects of retrospectivity in statutory interpretation. The common law presumption against retrospective law-making and the manner in which the "always speaking" approach may occasion the sort of retrospectivity which is of concern to the common law. It critiques the common law conception of retrospectivity that currently attracts the presumption's protection. Then it explores the relationship between the "always speaking" approach and retrospectivity. It is suggested that serious consideration ought to be given to whether an alternative, prospective construction of a (criminal) statute might be available when the application of the "always speaking" approach would give it a strong retrospective operation.
Language eng
Field of Research 1801 Law
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Persistent URL

Document type: Journal Article
Collections: Faculty of Business and Law
Connect to link resolver
Unless expressly stated otherwise, the copyright for items in DRO is owned by the author, with all rights reserved.

Version Filter Type
Citation counts: TR Web of Science Citation Count  Cited 2 times in TR Web of Science
Scopus Citation Count Cited 0 times in Scopus
Google Scholar Search Google Scholar
Access Statistics: 268 Abstract Views, 1 File Downloads  -  Detailed Statistics
Created: Tue, 02 Oct 2018, 13:10:36 EST

Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact