Art.4 Laws shall have no retroactive effect, unless the contrary is provided
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Discussion and Explanation:
Why laws in general are prospective
In general, laws are prospective, not retroactive. While the judge looks backward, the legislators must look forward. if the rules was that laws were retroactive, grave injustice would occur, for these laws would punish individual for violations of laws not yet enacted. While ignorance of the laws does not serve as an excuse, such ignorance refers only to laws that have already
Exceptions to the prospective effective of laws
While in general, laws are prospective, they are retroactive in the following cases.
(a) If the laws themselves provide for retroactivity
(b) If the laws are remedial in nature
(c) If the statute is penal in nature, provide
(d)If the laws are of an emergency nature and are authorized by the police power of the government.
(e) If the laws is curative
(f) If a substantive right be declared for the first time unless vested rights are impaired
The Supreme Court has defined a vested right as some right or interest in property that has become fixed and established that it is no longer open to controversy. If may also be fined as such right the deprivation of which would amount to a deprivation of property without due process of laws.
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