Legislatures sometimes interfere in judicial proceedings when they expect the outcome to be politically undesirable. The resulting ad hoc laws are applicable in cases known in advance, although they may appear to be neutral, general and prospective. Such laws force the courts to decide the case in favor of the State, making continued litigation pointless for the other party. Legislation of this kind may seriously threaten the rule of law, fundamental rights, including the right to a fair trial and the separation of powers. In this article, recent examples will be presented, explaining and comparing the position of the European Court of Human Rights and the U.S. Supreme Court.
About the author
Researcher at the Department of Constitutional and Administrative Law, Faculty of Law, Tilburg University, The Netherlands and member of the Centre for Legislative Studies at the same faculty
© 2017 by Walter de Gruyter Berlin/Boston