While the Government may argue that there are reasons for the changes unpredictable powers are needed to cope with unforeseen problems; secondary legislation is quicker and cheaper than statute law; retroactive legislation
is needed to cope with fast moving situations; principles and guidelines are more useful than rigid tramlines; and changing the burden of proof is necessary to catch crooks and raise standards today s report seeks to ensure that every inroad into the rule of law is challenged and debated.
The Court found the three-and-a-half-year retroactive period to be unreasonable and that the loss of tax collections to the State did not warrant taking away a taxpayer's right to rely on the law as it existed years before enactment of the retroactive legislation
Hanging Mollah on the basis of retroactive legislation
and then denying him the right to appeal against this sentence is a grave violation of his fundamental rights.
Egypt's leaders have to act on resolving outstanding investment disputes, removing the threat of retroactive legislation
on investments and draw a line under some of the anti-investment decisions made over recent years.
Although an in-depth discussion on the constitutionality of retroactive legislation
is beyond the scope of this item, ATRA's enactment brings the issue of retroactive tax legislation to the forefront.
In TEI's view, retroactive legislation
should only be enacted in extreme and abusive situations and should generally not be embraced simply to increase a country's tax base.
As a whole, estate planners and their clients are not looking forward to messy and potential retroactive legislation
on the federal and Illinois fronts.
Twelve years ago the Supreme Court affirmed the longstanding principle that federal legislation should affect future rather than past actions, noting that "the presumption against retroactive legislation
is deeply rooted in our jurisprudence, and embodies a legal doctrine centuries older than our Republic.
When we realized that all we had to do was pass a retroactive legislation
making dog food an acceptable human staple, it made perfect sense,'' Councilman Greg Smith said.
In 1949, the West German state had prohibited retroactive legislation
, which made invalid all ex post facto laws.
The difficulty is familiar: certain moral wrongs cry out for rectification, though they were quite legal under the vicious state in which they were committed; shall you leave them unpunished or penalize them by what amounts to retroactive legislation
(such as deprivation of civil rights for the offense of "national degradation")?
Despite the relief the temporary and proposed rules would grant to cities and towns, however, the rules themselves' are largely preempted by the pending, retroactive legislation
in the Senate proposed by