retrospectiv

RETROSPECTIVE. Looking backwards.
     2. This word is usually applied to those acts of the legislature, which 
are made to operate upon some subject, contract or crime which existed 
before the passage of the acts, and they are therefore called 
retrospective laws. These laws are generally unjust and are, to a certain 
extent, forbidden by that article in the constitution of the United States, 
which prohibits the passage of ex post facto laws or laws impairing 
contracts. 
     3. The right to pass retrospective laws, with the exceptions above 
mentioned, exists in the several states, according to their own 
constitutions, and become obligatory if not prohibited by the latter. 4 S. & 
R. 364; 3 Dall. R. 396; 1 Bay, R. 179; 7 John. R. 477; vide 4 S. & R. 403; 1 
Binn. R. 601; 3 S. & R. 169; 2 Cranch. R. 272 2 Pet. 414; 8 Pet. 110; 11 
Pet. 420; 1 Bald. R. 74; 5 Penn. St. R. 149. 
     4. An instance may be found in the laws of Connecticut. In 1795, the 
legislature passed a resolve, setting aside a decree of a court of probate 
disapproving of a will and granted a new hearing; it was held that the 
resolve not being against any constitutional principle in that state, was 
valid. 3 Dall. 386. And in Pennsylvania a judgment was opened by the act of 
April 1, 1837, which was holden by the supreme court to be constitutional. 2 
Watts & Serg. 271. 
     5. Laws should never be considered as applying to cases which arose 
previously to their passage, unless the legislature have clearly declared 
such to be their intention. 12 L. R. 352 Vide Barringt. on the Stat. 466, n. 
7 John. R. 477; 1 Kent, Com. 455; Tayl. Civil Law, 168; Code, 1, 14, 7; 
Bracton, lib. 4, fo. 228; Story, Cons. Sec. 1393; 1 McLean, Rep. 40; 1 
Meigs, Rep. 437; 3 Dall. 391; 1 Blackf.R.193; 2 Gallis. R. 139; 1 Yerg. R. 
360; 5 Yerg. R. 320; 12 S. & R. 330; and see Ex post facto.