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About this: "And as a matter of constitutional law, we strictly prohibit doing that in our own legal systems." If you are talking about the USA, this is fairl
by lkrubner 9y ago
About this:
"And as a matter of constitutional law, we strictly prohibit doing that in our own legal systems."
If you are talking about the USA, this is fairly common, at least in so far as civil cases. Any time the Supreme Court recognizes a new right, it opens the door to new lawsuits based on those rights, which can be retroactively applied. Consider the 1960s and 1970s and 1980s, when the Court expanded rights at a rapid rate. Thousands and thousands of lawsuits were retroactively filed based on those new rights. People who had been victims of racial and sexual discrimination sued to gain justice for decades of abuse. Once the Court recognizes a new right, the assumption is that the right had always been there, since the beginning of time.
- deong 9y agoGood point. I was thinking of criminal law.