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.

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Title Two reflections on retrospectivity in statutory interpretation
Author(s) Meagher, DanielORCID iD for Meagher, Daniel orcid.org/0000-0002-1239-2668
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 http://hdl.handle.net/10536/DRO/DU:30113924

Document type: Journal Article
Collection: Law
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