Retroactive Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Retroactive, written in plain English, along with examples of how it is used.
What is Retroactive?
(Adj) Retroactive is the statute, law , order decision etc made there by enforcing a previous transactions, orders legal actions etc.
History and Meaning of Retroactive
The term "retroactive" refers to something that takes effect from a date in the past. When a law or decision is made "retroactive," it means that it applies to events that took place before the law or decision was enacted. Retroactive laws can be controversial because they can change the legal ramifications of past actions, and can even criminalize behavior that was legal when it occurred.
The issue of retroactivity has been debated for centuries. The ancient Roman legal principle of "nullum crimen sine lege" (no crime without law) meant that people could not be punished for actions that were not illegal at the time they were committed. This principle has been enshrined in modern legal systems, and many consider retroactive laws to be a violation of due process.
Examples of Retroactive
In 2014, the U.S. Congress passed a law that retroactively extended certain tax credits that had expired at the end of 2013. This meant that people who had already filed their taxes for 2013 were eligible for credits that they didn't know about when they filed.
In 2012, the U.S. Supreme Court ruled that a law allowing for the indefinite detention of "enemy combatants" applied retroactively to people who had already been captured and held by the U.S. government.
In 2017, the Indian government passed a law that retroactively criminalized "triple talaq," a form of Islamic divorce that allows men to divorce their wives instantaneously by saying "talaq" three times.
Legal Terms Similar to Retroactive
Ex post facto - a Latin term meaning "after the fact". This term refers to laws that criminalize behavior that was legal when it occurred.
Retrospective - a term similar to retroactive, but more generally refers to things that look back at the past.
Anticipatory - a term used when something is applied to a future date or event.