RETROSPECTIVITY Flashcards
1
Q
Two types of retro effect
A
1) Retroactivity
2) Retrospectivity
2
Q
What is retroactivity
A
- this is when commencement date is before the date of publication
- it changes the law from what it was
3
Q
What is retrospectivity
A
- it is a weak retro effect
- legislation is prospective meaning it operates for the future only
4
Q
LEGAL OBSTACLES TO RETRO EFFECT
A
a) Common law presumption that legislation applies only to future events
b) Prohibition imposed by s35 of the SAC of new offences and higher penalties with retro effect
c) Retroactive or retrospective application of legislation may be prevented by other constitutional rights
