{UAH} WHAT IS RETROSPECTIVE LEGISLATION?

WHAT IS RETROSPECTIVE LEGISLATION?

Do you remember when we were young and if someone did something to you, you would cry and say "am going to tell mummy when she comes back". Lo and behold, in the evening you would cry afresh and report how you were pinched so the other person gets punished. Well in English, that would be called retrospective (looking back on or dealing with past events or situations.)

In law, we talk about retroactive legislation (laws). These are laws that operate on matters taking place before the law is made, e.g. by penalising actions that were lawful at the time they happened. If it was lawful to hold hands as a couple last year and in February this year, a new law makes it illegal, then you cannot be arrested for having held hands in public last year.

The Constitution of the Republic of Uganda also prohibits Parliament from passing any law to alter the decision or judgement of any courts as between the parties to the decision or judgement.

This restriction means that Parliament cannot pass a law that is against a decision that has been made by the Court. Therefore any new laws made must correspond or reflect the current position of court decisions.

For example, if Parliament says it is wrong for the police to arrest those who laugh, then parliament cannot make an "Anti-laughing law" thereafter

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"When a man is stung by a bee, he doesn't set off to destroy all beehives"

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