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.