RETROSPECTIV

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  RETROSPECTIVE. Looking backwards.
       2. This word is usually applied to those acts of the legislature, which 
  are made to operate upon some subject, contract or crime which existed 
  before the passage of the acts, and they are therefore called 
  retrospective laws. These laws are generally unjust and are, to a certain 
  extent, forbidden by that article in the constitution of the United States, 


  which prohibits the passage of ex post facto laws or laws impairing 
  contracts. 
       3. The right to pass retrospective laws, with the exceptions above 
  mentioned, exists in the several states, according to their own 
  constitutions, and become obligatory if not prohibited by the latter. 4 S. & 
  R. 364; 3 Dall. R. 396; 1 Bay, R. 179; 7 John. R. 477; vide 4 S. & R. 403; 1 
  Binn. R. 601; 3 S. & R. 169; 2 Cranch. R. 272 2 Pet. 414; 8 Pet. 110; 11 
  Pet. 420; 1 Bald. R. 74; 5 Penn. St. R. 149. 
       4. An instance may be found in the laws of Connecticut. In 1795, the 
  legislature passed a resolve, setting aside a decree of a court of probate 
  disapproving of a will and granted a new hearing; it was held that the 
  resolve not being against any constitutional principle in that state, was 
  valid. 3 Dall. 386. And in Pennsylvania a judgment was opened by the act of 
  April 1, 1837, which was holden by the supreme court to be constitutional. 2 
  Watts & Serg. 271. 
       5. Laws should never be considered as applying to cases which arose 
  previously to their passage, unless the legislature have clearly declared 
  such to be their intention. 12 L. R. 352 Vide Barringt. on the Stat. 466, n. 
  7 John. R. 477; 1 Kent, Com. 455; Tayl. Civil Law, 168; Code, 1, 14, 7; 
  Bracton, lib. 4, fo. 228; Story, Cons. Sec. 1393; 1 McLean, Rep. 40; 1 
  Meigs, Rep. 437; 3 Dall. 391; 1 Blackf.R.193; 2 Gallis. R. 139; 1 Yerg. R. 
  360; 5 Yerg. R. 320; 12 S. & R. 330; and see Ex post facto.