RETROSPECTIVITY

Question 1

Two types of retro effect

Answer 1

1) Retroactivity

2) Retrospectivity

Question 2

What is retroactivity

Answer 2

• this is when commencement date is before the date of publication
• it changes the law from what it was

Question 3

What is retrospectivity

Answer 3

• it is a weak retro effect

- legislation is prospective meaning it operates for the future only

Question 4

LEGAL OBSTACLES TO RETRO EFFECT

Answer 4

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