As a general rule, laws shall have no retroactive
effect. However, exceptions exist, and one such exception concerns a law that
is procedural in nature.
The reason is that a remedial statute or a statute relating to remedies or
modes of procedure does not create new rights or take away vested rights but
only operates in furtherance of the remedy or the confirmation of already
existing rights. A statute or rule regulating the procedure of the courts
will be construed as applicable to actions pending and undetermined at the time
of its passage. All procedural laws are retroactive in that sense and to that
extent. The retroactive application is not violative of any right of a person
who may feel adversely affected, for, verily, no vested right generally
attaches to or arises from procedural laws.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.