A theory of transition relief

Self-government demands that law be changeable, but abrupt legal changes can upset settled expectations and undermine individual autonomy. We provide a normative theory of transition relief that explains what government should owe, to whom, and when. We first argue that different transition relief regimes are appropriate depending on the type of legal change at issue, distinguishing between ordinary entitlements, fundamental rights, and tainted entitlements. We then address how best to operationalise a regime of transition relief, including issues of whether government can disclaim reliance interests and whether transition relief doctrines should be constitutionalised. Our analysis validates existing legal arrangements in some areas while pointing toward reform in others.