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 ?
Americans' retrospective approval rating of Obama is essentially the same as those for George H.
If few would dispute that Bjork is innovative, the retrospective can be sure to unsettle supporters of "classic" modern art by giving a 49-year-old musician so much coveted space at one of the world's most influential museums.
In his June 14, 2011 implementing memo on retrospective review, then-administrator of the Office of Information and Regulatory Affairs Cass Sunstein stated that "future regulations should be designed and written in ways that facilitate evaluation of their consequences and thus promote retrospective analyses and measurement of 'actual results.
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.
Retrospective memory includes memories of the past such as declarative memory, episodic memory and procedural memory.
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.
We conducted a retrospective study on 4 archival effluent samples collected and concentrated in 1987, analyzed for phages and enteroviruses but not noroviruses and kept frozen at -70[degrees]C.
In Class III studies, evidence is acquired retrospectively, either using a narrow spectrum of subjects who have the established condition or retrospective controls, but in which the test or topic under investigation is still applied in a blinded fashion.
American Nuclear Insurers also has a contractual agreement with each of the licensees to collect the retrospective premiums if these payments become necessary.