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Retroactive application of law is prohibited by the Article 3 of the Polish civil code, and the legal rule prohibiting such retroactive application is commonly memorised as a Latin sentence Lex retro non agit ("A law does not apply retroactively"). The said article, however, allows retroactive application of an Act of Parliament if it is ...
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 ...
Historically, the principle of non-retroactivity of statutory law emerged in the ancient Roman Republic, becoming fully established by the second century BCE. This represented an evolution from earlier conception of the legal principles (ius) as unchanging and statutes as merely clarifying this existing law. Under that earlier understanding ...
R v Stevens, [1988] 1 S.C.R. 1153, was a decision of the Supreme Court of Canada rendered on June 30, 1988, concerning the retrospective application of the Canadian Charter of Rights and Freedoms. Background
The court held that the declaration of invalidity had to be made retrospective to 27 April 1994, but that it did not apply to any completed transfer of ownership to an heir who had no notice of a challenge to the legal validity of the statutory provisions and the customary-law rule in question. Furthermore, anything done pursuant to the winding ...
The court held that "to retrospectively apply a new law, such as s 92(1) (a), during the course of the trial, and thereby to expose an accused person to a more severe sentence, undermines the rule of law and violates an accused person's right to a fair trial under s 35(3) of the Constitution."
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Conversely, a form of retrospective law commonly called an amnesty law may decriminalize certain acts. A pardon has a similar effect, in a specific case instead of a class of cases. An in mitius change may alleviate possible consequences for unlawful acts (for example, by replacing the death sentence with lifelong imprisonment) retroactively.