Abstract

Legislation which is backward facing is described as Janus faced. This is subdivided into three subsets: (i) retroactive legislation which looks to the past and applies in the past, (ii) retrospective legislation which looks to the past but applies in the future, and (iii) legislation which interferes with existing rights. It is argued that the best way to assess its validity is via human rights jurisprudence. This is proved by reference to legislation and case law on legislative competence of the Northern Ireland Assembly.

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