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> laws cannot apply retroactively In some jurisdictions they certainly can. Even in places which apparently don't allow this, remember we've all got recent e

> laws cannot apply retroactively In some jurisdictions they certainly can. Even in places which apparently don't allow this, remember we've all got recent experience of how rapidly existing rules and frameworks can be changed if/when the situation demands[0]. The UK's War Crimes Act 1991[1] is one example, and didn't the current US administration once propose capital gains tax changes with a degree of retroactivity? ("Advisors look for ways to lessen Biden’s proposed retroactive capital gains tax hike"[2]). [0] ... and maybe even when it doesn't :( [1] https://www.legislation.gov.uk/ukpga/1991/13 https://www.legislation.gov.uk/ukpga/1991/13 [2] https://www.cnbc.com/2021/06/02/advisors-look-for-ways-to-offset-proposed-biden-retroactive-capital-gains-tax-hike.html https://www.cnbc.com/2021/06/02/advisors-look-for-ways-to-of...

anonymouskimmer 4y ago
For the US apparently the following is the operating Supreme Court precedent. Ex post facto criminal laws are banned, but not civil laws. https://www.law.cornell.edu/constitution-conan/article-1/section-9/clause-3/retroactive-taxes-and-ex-post-facto-laws https://www.law.cornell.edu/constitution-conan/article-1/sec... > The Supreme Court has generally rejected ex post facto challenges to laws imposing retroactive tax liability.1 In Kentucky Union Co. v. Kentucky, the Court emphasized that not all retroactive laws are ex post facto, as the prohibition on ex post facto laws applies only to retroactive criminal laws.2 The majority further opined: “Laws of a retroactive nature, imposing taxes or providing remedies for their assessment and collection, and not impairing vested rights, are not forbidden by the Federal Constitution.” 3
- klipt 4y ago
  So they can't put you in prison directly. But they can levy a tax that's impossible to pay, and then put you in prison for failing to pay taxes...
  - anonymouskimmer 4y ago
    No. You'd have to read the full text (fairly short) of the link. Anything involving prison time is effectively a criminal law.
  - logifail 4y ago
    > So they can't [..] Umm, having seen what happened over the last three years, and (looking further back) what happened after 9/11, my working hypothesis is that if our elected representatives are placed under enough pressure, then if enough of them act in concert they can rewrite any rules they want to.
pjc50 4y ago
The UK also used the extremely heavy hammer of retroactive legislation against some benefits recipients who were made to work without pay: https://ukhumanrightsblog.com/2014/07/08/retrospective-legislation-that-interfered-with-judicial-ruling-violated-the-convention-and-the-rule-of-law/ https://ukhumanrightsblog.com/2014/07/08/retrospective-legis...

anonymouskimmer 4y ago

For the US apparently the following is the operating Supreme Court precedent. Ex post facto criminal laws are banned, but not civil laws. https://www.law.cornell.edu/constitution-conan/article-1/section-9/clause-3/retroactive-taxes-and-ex-post-facto-laws https://www.law.cornell.edu/constitution-conan/article-1/sec... > The Supreme Court has generally rejected ex post facto challenges to laws imposing retroactive tax liability.1 In Kentucky Union Co. v. Kentucky, the Court emphasized that not all retroactive laws are ex post facto, as the prohibition on ex post facto laws applies only to retroactive criminal laws.2 The majority further opined: “Laws of a retroactive nature, imposing taxes or providing remedies for their assessment and collection, and not impairing vested rights, are not forbidden by the Federal Constitution.” 3

klipt 4y ago
So they can't put you in prison directly. But they can levy a tax that's impossible to pay, and then put you in prison for failing to pay taxes...
- anonymouskimmer 4y ago
  No. You'd have to read the full text (fairly short) of the link. Anything involving prison time is effectively a criminal law.
- logifail 4y ago
  > So they can't [..] Umm, having seen what happened over the last three years, and (looking further back) what happened after 9/11, my working hypothesis is that if our elected representatives are placed under enough pressure, then if enough of them act in concert they can rewrite any rules they want to.

pjc50 4y ago

The UK also used the extremely heavy hammer of retroactive legislation against some benefits recipients who were made to work without pay: https://ukhumanrightsblog.com/2014/07/08/retrospective-legislation-that-interfered-with-judicial-ruling-violated-the-convention-and-the-rule-of-law/ https://ukhumanrightsblog.com/2014/07/08/retrospective-legis...