Business I / Sources of Law and Temporal Validity
Practice question · Select all that apply

Which statements about retroactivity are correct?

Hints
  1. Reaching backwards is barred when it worsens someone's position.
  2. The bar runs in only one direction, a lighter penalty is treated differently.
Show the answer
  • A. Punitive norms can never reach back to punish past acts
  • C. A lighter penalty can apply retroactively in the offender’s favor
  • D. By default, new norms govern only future situations
Why

Non-retroactivity of punitive and restrictive norms is a constitutional guarantee, the one direction time’s arrow cannot be reversed. Favorable retroactivity is the humane exception.

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