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Non-retroactivity is the legal principle that laws do not apply retroactively and ex post facto laws are forbidden. This principle may be applied to judicial decisions as well as statutory law. This principle may be applied to judicial decisions as well as statutory law.
Article 11 of preliminary provisions to the Italian Civil Code and Article 3, paragraph 1, of the Statute of taxpayer's rights, prohibit retroactive laws on principle: such provisions can be derogated, however, by acts having force of the ordinary law; on the contrary, non-retroactivity in criminal law is thought absolute.
The Due Process Clauses apply to both natural persons, including citizens and non-citizens, as well as to "legal persons" (that is, corporate personhood). The Fifth Amendment's Due Process Clause was first applied to corporations in 1893 by the Supreme Court in Noble v. Union River Logging R. Co. [16] Noble was preceded by Santa Clara County v
Johnson v. United States, 576 U.S. 591 (2015), was a United States Supreme Court case in which the Court ruled the Residual Clause of the Armed Career Criminal Act was unconstitutionally vague and in violation of due process.
Goldberg v. Kelly (1970) - When does state or federal law create rights protected by due process? Mathews v. Eldridge (1976) - What level of procedural due process is required? Logan v. Zimmerman Brush Co. (1982) – Does an adjudicating agency's termination of an action due to its own failure to comply with the law deny due process to the ...
For example, some substantive due process liberties may be protectable according to the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. Most originalists believe that rights should be identified and protected by the majority legislatively or, if legislatures lack the power, by constitutional amendments.
Due process developed from clause 39 of Magna Carta in England. Reference to due process first appeared in a statutory rendition of clause 39 in 1354 thus: "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."
This category is for cases applying the due process clauses of the Fifth or Fourteenth Amendment to criminal procedure. It does not contain cases concerning the incorporation of the Bill of Rights (see Category:Incorporation case law ) .