Gabriel Hallevy's A Modern Treatise on the Principle of Legality in Criminal PDF

By Gabriel Hallevy

ISBN-10: 364213713X

ISBN-13: 9783642137136

ISBN-10: 3642137148

ISBN-13: 9783642137143

This e-book discusses legality, one of many 4 major rules of legal legislations, and is split into six elements, in line with the clinical knowing of this key inspiration. bankruptcy 1 explores the relation among legality and the final thought of felony legislation within the context of the constitution and improvement of legality in human society. This bankruptcy additionally outlines the 4 secondary rules of legality and describes them regularly phrases. Chapters 2-5 talk about intimately all of the 4 secondary ideas (Legitimate resources of the felony Norm; Applicability of the felony Norm in Time; Applicability of the legal Norm in position; and Interpretation of the felony Norm). eventually, bankruptcy 6 rounds out the dialogue via addressing the matter of the clash of laws.

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Extra info for A Modern Treatise on the Principle of Legality in Criminal Law

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J. , 1960, 2005). 65 28 2 The Legitimate Sources of the Criminal Norm The social question, which is not necessarily a legal question, is whether a defendant must actually know about the specific law as a precondition for imposing criminal liability. If actual knowledge of a specific law is necessary in order to impose criminal liability upon a defendant, then every slight mistake in the understanding of the law is a legal obstacle to imposing criminal liability. According to this line of reasoning, in order to impose criminal liability, the entire population must become lawyers, who are experts in all aspects of the law.

R. L. R. 897, 45 Cr. App. Rep. P. C. R. R. B. 1053. 56 The Human Rights Act of 1998 added the dimension of human rights to the principle of legality,57 but English legal tradition could not comply with such a principle of recent European vintage, and English courts refused to accept it. 61 In American law the principle of legality is considered to be one of the basic foundations of criminal law. S. criminal law is the linkage between the courts and the legislator through application of the criminal law.

R. R. 1067; Pepper v. C. C. R. 1590, [2000] 4 All E. R. R. 419 (1991). 56 Woolmington v. R. C. B. T. R. 446, [1935] 79 Sol. Jo. 401, [1935] 25 Cr. App. Rep. C. C. R. R. C. R. 237, [2005] 1 Cr. App. R. 28. 42 provides: “So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights”; See more in Percy, [2002] Crim. R. D. 24; A. v. R. L. 56; ANDREW ASHWORTH, HUMAN RIGHTS, SERIOUS CRIME AND CRIMINAL PROCEDURE (2002).

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A Modern Treatise on the Principle of Legality in Criminal Law by Gabriel Hallevy

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