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The principle of non-retroactivity is widely recognized for international laws such as treaties, [1] although treaties can have retroactive effect if the parties so intend. [2] It is also widely recognized in criminal law, at least to the extent of prohibiting criminal sanctions that were not in place at the time of the crime.
Not all laws with retroactive effects have been held to be unconstitutional. One current U.S. law that has a retroactive effect is the Adam Walsh Child Protection and Safety Act of 2006. This law imposes new registration requirements on convicted sex offenders and also applies to offenders whose crimes were committed before the law was enacted ...
ex post facto law: A retroactive law. E.g. a law that makes illegal an act that was not illegal when it was done. ex proprio motu: by [one's] own motion Commonly spoken as "by one's own accord." ex rel [arising] out of the narration [of the relator] Abbreviation of ex relatione. Used when the government brings a case that arises from the ...
In its 5-3 decision, the court rejected convicted sex offender Herman Gundy's argument that in passing the law, Congress handed too much power to the U.S. attorney general in violation of a ...
German Yearbook of International Law. 39: 523; Shahram, Dana (20 February 2009). "Beyond Retroactivity to Realizing Justice: A Theory on the Principle of Legality in International Criminal Law Sentencing". Journal of Criminal Law and Criminology. 99 (4): 857– 928. ISSN 0091-4169. JSTOR 20685063. OCLC 5544569306. United States.
Every law that takes away, or impairs, rights vested, agreeably to existing laws, is retrospective, and is generally unjust, and may be oppressive; and it is a good general rule, that a law should have no retrospect: but there are cases in which laws may justly, and for the benefit of the community, and also of individuals, relate to a time ...
The effect of an authentic interpretation is contingent on the extent of the interpretation: An authentic interpretation which is presented by way of a law has the same force as the law itself, and must be promulgated. If it simply declares the words which are certain in themselves, it has retroactive force.
Intertemporal law is based on the idea that an action is governed by the law in force at the (local) time of its occurrence. It is therefore irrelevant, for example, that a legal question is only decided by a court at a later point in time, when the previously applicable law is no longer valid.