retrospective


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LAW, RETROSPECTIVE. A retrospective law is one that is to take effect, in point of time, before it was passed.
     2. Whenever a law of this kind impairs the obligation of contracts, it is void. 3 Dall. 391. But laws which only vary the remedies, divest no right, but merely cure a defect in proceedings otherwise fair, are valid. 10 Serg. & Rawle, 102, 3; 15 Serg. & Rawle, 72. See Ex post facto.

RETROSPECTIVE. Looking backwards.
     2. This word is usually applied to those acts of the legislature, which are made to operate upon some subject, contract or crime which existed before the passage of the acts, and they are therefore called retrospective laws. These laws are generally unjust and are, to a certain extent, forbidden by that article in the constitution of the United States, which prohibits the passage of ex post facto laws or laws impairing contracts.
     3. The right to pass retrospective laws, with the exceptions above mentioned, exists in the several states, according to their own constitutions, and become obligatory if not prohibited by the latter. 4 S. & R. 364; 3 Dall. R. 396; 1 Bay, R. 179; 7 John. R. 477; vide 4 S. & R. 403; 1 Binn. R. 601; 3 S. & R. 169; 2 Cranch. R. 272 2 Pet. 414; 8 Pet. 110; 11 Pet. 420; 1 Bald. R. 74; 5 Penn. St. R. 149.
     4. An instance may be found in the laws of Connecticut. In 1795, the legislature passed a resolve, setting aside a decree of a court of probate disapproving of a will and granted a new hearing; it was held that the resolve not being against any constitutional principle in that state, was valid. 3 Dall. 386. And in Pennsylvania a judgment was opened by the act of April 1, 1837, which was holden by the supreme court to be constitutional. 2 Watts & Serg. 271.
     5. Laws should never be considered as applying to cases which arose previously to their passage, unless the legislature have clearly declared such to be their intention. 12 L. R. 352 Vide Barringt. on the Stat. 466, n. 7 John. R. 477; 1 Kent, Com. 455; Tayl. Civil Law, 168; Code, 1, 14, 7; Bracton, lib. 4, fo. 228; Story, Cons. Sec. 1393; 1 McLean, Rep. 40; 1 Meigs, Rep. 437; 3 Dall. 391; 1 Blackf.R.193; 2 Gallis. R. 139; 1 Yerg. R. 360; 5 Yerg. R. 320; 12 S. & R. 330; and see Ex post facto.

References in periodicals archive ?
Total quantity or scope: Lot 1 The end to end processing of retrospective PUPOC reviews for eligibility to receive a reimbursement of care fees under the NHS Continuing Healthcare guidance.
OMB leaders recently held a series of outreach meetings with various interest groups, seeking advice on how to "reinvigorate" their retrospective review efforts.
In order to bolster its argument, the committee states that countries such as Brazil, Greece, Mexico, Peru, Venezuela, Romania, Russia, and Sweden have prohibited retrospective taxation.
The retrospective BPO reports are conducted by the company's nationwide network of more than 65,000 licensed real estate brokers, agents and appraisers who provide supportable and credible valuations based on their local market expertise and the company's technology-driven data validation.
The commission had failed to ask for evidence from Asda that retrospective pricing was taking place, which added to the supermarket's belief the inquiry team had no supporting evidence for it.
1 -- color) ``Women on the Verge of a Nervous Breakdown'' (1988) leads the eight-week ``Viva Pedro'' retrospective, beginning Friday.
Following Hesse's landmark multimedia retrospective in 2002, this exhibition, co-organized by the Drawing Center and the Menil Collection, brings drawing to the fore with a survey of one hundred "finished" works on paper, supplemented by a selection of Hesse's 1965 reliefs, a small group of sculptural works, and rarely seen notebooks and diaries.
Thus, retrospective studies may provide information about geographic and seasonal distribution of emerging or previously undetectable viral strains.
The act also requires secondary coverage in the form of retrospective premiums to be contributed by all licensees to cover claims that exceed primary insurance.
These limitations of the prospective approach do not justify a preference for retrospective studies.
Satisfying because this retrospective confirms that, whatever else may be said of the National Commission on Excellence in Education, its words are still taken seriously by serious people.