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 ?
Saztec had supplied retrospective conversion services to libraries worldwide, primarily in the U.K.
They have retrospectives in film, in music, in painting all the time, but it's very rare in theater."
Work stations accessing it over the wide-area network will have a graphical user interface and tools for simple extraction of information from that database for retrospective analysis.
The final section of the volume features two articles on control issues: Edward Adrian Lentz begins with a literature review on the question of the amount of editing necessary on feasible for records retrieved from bibliographic utilities, and James Tilio Maccaferri discusses authority control in a retrospective conversion project.
The proceedings concerned the retrospective conversion bibliographic files and database of the National Library of France.
The DOE should take three steps to further its retrospective review efforts.
IGL claims the retrospective decision would cost it ` 1,500 crore and that PNGRB doesn't have the power to either fix tariff or make it retrospective.
Forty patients were evaluated using retrospective gating and 40 more were evaluated using prospective gating during the study performed at the Medical College of Wisconsin
Sir Paul McCartney and daughters Mary and Stella put together The Linda McCartney Retrospective, which runs at Kelvingrove Art Gallery and Museum until January 12 next year.
This Hearing will gather information from experts to help guide the FTCs future merger retrospective research program.
49.9% chose the full retrospective transition method
Cllr Andrew Hinchcliff proposed the granting of permission, seconded by Cllr Greg Robbins, who said: "I get very concerned when I see the word retrospective but I cannot see any reason to refuse this application."