Abstract

ABSTRACT Assessing when a legal entitlement begins and expires is necessary to make sense of the law. To this end, the law resorts to the following temporal slots: a present, which the law can regulate, and a past and a future that, to different extents, are usually outside of the law’s scope and command. Sometimes, however, past and future issues need a present regulation, and therefore laws with a backward or forward-looking projection are enacted. Global constitutionalism is traditionally at odds with an unlimited projection of the law in time and therefore is sceptical of retroactive and ‘ultractive’ laws. Still, the more moderate forms of retrospective and ‘ultraspective’ laws can usefully tackle public law decisions, since they inherently live in a mobile flow of time that rejects a strict division between past, present, and future.

Full Text
Paper version not known

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.