LAW 534 Lecture Notes - Lecture 1: Ex-Ante, Prior Restraint
18 Apr 2017
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Chapter 2: evolution and classification of offences. Ex ante regulation: imposing prior restraint by way of a prior licensing regime (before the event) Attempts to address the anticipated harms proactively, usually through some form of permit or licensing system (e. g. driver"s license). Ex post regulation: uses an offence regime to address harm that occurs after the fact very common statute sets some form of standard of conduct. If an individual breaches the statute, then there is prosecution against the individual for breaching the statute. In a sense, ex post regulations react after the potentially or actual harmful conduct has occurred. Note that a general area of law may have both ex post and ex ante systems dealing with different things. You need to get a driving license first to drive (ex ante) key issue is whether you have the necessary skills to drive.
