Postrequisites validate acts after performance instead of requiring prior approval

Evidence

One way of relieving the burden of a prereouisite which is sometimes feasible is to turn it into a postrequisite. The postrequisite is a requirement that an individual, after rather than before doing a certain act, file a report, or do something else calling for official attention, as a condition of validity of the primary act. The effect.of compliance may be to validate an attempted exercise of a legal power. Or it may be to relieve the actor from the consequences of what otherwise would be a breach of duty - in effect creating after the event a liberty. β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 782

Categorization

  • DEFINE: Defines the postrequisite as the mirror image of the prerequisite.
  • recurring: this claim recurs 2 times within its source
  • XREF: connects to: Prior checking before activity enables preventive rather than retrospective justice β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 753; Prior approval works best when after-the-fact checks would be unjust or inadequate β€” Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 762

Broader Connections