Also known as: retroactively · retroactivity · retrospective
Written by attorneys · grounded in primary & secondary sources — see below
A characteristic of legislation, judicial decisions, or administrative actions that extends their effect to events or transactions occurring before their enactment or pronouncement. The quality determines whether a new rule reaches backward to alter legal consequences already fixed by prior conduct or status.
Ruby Rivera received written notice that her Social Security disability benefits would end. She submitted a written response and later prevailed at a full evidentiary hearing. The agency then paid her the benefits that had been withheld during the period before the hearing.
Raphael Rivera sought to enjoin a new environmental regulation before any enforcement action occurred. He could not demonstrate that the agency was likely to apply the rule against his past operations. The court dismissed the suit because any retroactive enforcement remained only a conjectural possibility.
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Ralph Richardson obtained a federal injunction requiring state officials to follow federal law going forward. He also sought money for past violations that would come from the state treasury. The Eleventh Amendment blocked the retroactive monetary award even though prospective compliance was permitted.
Renee Rogers faced a criminal charge after the legislature extended the statute of limitations for her alleged conduct. The original period had already expired when the extension took effect. The Ex Post Facto Clause prevented the retroactive revival of the time-barred prosecution.
Rebecca Ross was tried under a statute that placed the burden of proving extreme emotional disturbance on the defense. The court applied the rule to her case even though the conduct occurred before the statute's clarification. The retroactive operation of the burden allocation was upheld.
Roger Ramirez seized enemy property during a conflict after the sovereign had prohibited such acts. The sovereign later ratified the seizure through a retroactive measure. The ratification gave validity to the prior capture despite the initial prohibition.
No. Retroactive tax legislation satisfies due process when supported by a legitimate legislative purpose furthered by rational means, such as correcting a loophole over a short period.
A court may modify the terms of a trust or governing instrument to achieve the settlor's or transferor's tax objectives, provided the modification is not contrary to probable intention, and may give the modification retroactive effect.
No. Under the Model Business Corporation Act, the board may fix a record date for distributions, share dividends, or shareholder meetings, but the date may not be retroactive.
No. The clause prohibits statutes that retroactively revive time-barred prosecutions or alter the quantum of evidence needed to convict, but due process separately bars courts from retroactively interpreting criminal law in an unexpected and indefensible manner.
…the Governor supply the necessary proof. It may be doubted that a failure to retract which is not itself evidence of malice can retroactively become such by virtue of a retraction subsequently made to another party. But in any event that did not happen here, since the explanation given by the Times' Secretary for the distinction…