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 inβ¦, 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 inβ¦, 762
Broader Connections
- Prior approval works best when after-the-fact checks would be unjust or inadequate
#contradicts(0.80) β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 762