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UID:20260626T165915EDT-6172u8ddHE@132.216.98.100
DTSTAMP:20260626T205915Z
DESCRIPTION:Each summer\, the Paul-André Crépeau Centre for Private and Com
 parative Law organizes a series of seminars to promote research of student
 s from 91ºÚÁÏÍø and elsewhere.  \n\nFor this presentation\, we welcome Jenni
 fer Anderson\, 91ºÚÁÏÍø.\n\nAbstract\n\nThe strong presumption of
  prospectivity in statutory construction reflects well-established concern
 s with retroactivity on the bases of the rule of law\, liberty\, and relia
 nce. Strikingly\, common-law judicial lawmaking routinely exemplifies thes
 e problems\, yet largely escapes criticism for its retroactivity. Argument
 s justifying this difference amount to variations on one theme: lawmaking 
 is simply not what courts are\, or should be\, doing\, and worrying about 
 their decisions’ real-world retroactive effects is therefore beside the po
 int.\n\nI challenge this view. Not only do appellate courts make law\, tha
 t is their primary function. Further\, if judge-made law is law more than 
 in name only\, then certain logical consequences follow. Chief among these
  is that retroactivity (and the problems it creates) requires defending as
  much in judicial as in statutory lawmaking. My analysis suggests that suc
 h a defence is elusive\; more radically\, it also calls into question the 
 precise relationship between lower and higher courts.\n\nAttendance is ope
 n to all. For more information\, please centre [dot] crepeau [at] mcgill [
 dot] ca (email the Crépeau Centre).\n
DTSTART:20160517T163000Z
DTEND:20160517T173000Z
LOCATION:NCDH 316\, Chancellor Day Hall\, CA\, QC\, Montreal\, H3A 1W9\, 36
 44 rue Peel
SUMMARY:Law is as law does: Revisiting retroactivity in common law jurisdic
 tions 
URL:/channels/event/law-law-does-revisiting-retroactiv
 ity-common-law-jurisdictions-260684
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