Accessible Requires Authentication Published by De Gruyter February 8, 2017

Changing the rules mid-game. Legislative interference in specific pending cases: separation of powers and fair trial

Anna Jasiak
From the journal ICL Journal

Abstract

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.

Published Online: 2017-2-8
Published in Print: 2010-3-1

© 2017 by Walter de Gruyter Berlin/Boston