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This principle may be applied to judicial decisions as well as statutory law. 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]
The courts may also interpret a law in such a manner that any objection against it of retrospective operation may be removed. [29] An example for retrospective law in India is the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 [30] in the state of Karnataka.
Interpretation of a particular statute depends upon the degree of creativity applied by the judges or the court in the reading of it, employed to achieve some stated end. It is often mentioned that common law statutes can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule.
(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
In law, ignorantia juris non excusat (Latin for "ignorance of the law excuses not"), [1] or ignorantia legis neminem excusat ("ignorance of law excuses no one"), [2] is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.
The U.S. government cannot ban people convicted of non-violent crimes from possessing guns, a federal appeals court ruled on Tuesday. The 11-4 ruling from the Philadelphia-based 3rd U.S. Circuit ...
The principle was not mentioned in the original United States Constitution. The courts have recognized it both as a principle that was inherited from English common law, and as a practical, logical inference (that the government cannot be compelled by the courts because it is the power of the government that creates the courts in the first place).
Free speech on college campuses has become an increasingly polarizing subject, and Yale University is no exception. While some argue that freedom of expression is a convenient justification for ...