Matching Fragments
regarding retrospective operation of statutes as
has statedthe position
to declaratory
operation is not applicable
The presumption against retrospective Court. For modern
As stated in Craies and approved by the Supreme
statutes. remove doubts existing
be defined as an Act to
purposes a declaratory Act may
as
to the common law or the meaning or effect of any statute. Such Acts are
usually held to be retrospectives. The usual reason for passing a declaratory ACt
is to set aside what Parliament deems to have been judicial error, whether in n
statement of the common law or in the interpretation of statutes. sua l
invariably, such an Act contains a preamble. and also the word 'declared' as we
as the word 'enacted'. But the use of the words'it is declared' is not conclusive
that the Act is declaratory for these words may, at times, be used to introduc
be amending the law
new rules of law and the Act in the latter case will only or
In determining, therefore, the nature
and will not necessarily be retrospective. a new Act
to the form. If
the Act, regard be had to
must be substance rather than unless construed
earlier act, it would be without object
1s to explain' an an obvious
Act is generally passed to supply
retrospective. An explanatory Act. It is well
of the previous
omission or to clear up
doubts as to the meaning law
declaratory of the previous
curative or merely
settled that if a statute is 'shall be deemed
intended. The language is
prospective operation
is generally have included"
deemed n e v e r to
'shall be
meant' or of clear words
always to have terms retrospective. In the absence
construed
declaratory, and is
in plain would not be so
Act is declaratory, it
amending amending Act may
indicating that the unambiguous. An
was clear and Act
when theamended provision a provision
of the principal
of
to clear a meaning nature will have
be purely clarificatory amendment of this
A clarificatory law when
which already implicit.
If a new
than to the form.
rather
be had to the
substance retrospectively. An
must a unless construed
would be without object or to clear up
an earlier act, it obvious omission
supply an
to
explanatory Act
is generallypassed that if a statute is
Act. It is well settled
of the previous is
doubts as to the meaning lawretrospective operation
of the previous
declaratory to clear a
curative or merely be purely declaratory
Act may
An amending implicit. A
generally intended the principal Act which was already
of
meaning of a provision nature will have
