Eureka Street Podcasts

Retrospectivity a blow to the rule of law

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Sinopsis

Steve Ciobo MP described Zaky Mallah's terrorism acquittal as based on a 'technicality'. This was that the anti-terror laws enacted after his acquittal were 'not retrospective'. The truly frightening thing about retrospective laws is that they make conduct which is perfectly legal when it is done, criminal by fiat. Anyone can be convicted of anything retrospectively, and this is why it is forbidden in the constitutions of many countries.