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 ideas of legal legislation, and is split into six components, in accordance with the medical knowing of this key notion. bankruptcy 1 explores the relation among legality and the overall conception of legal 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 normally 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 felony Norm in position; and Interpretation of the legal Norm). ultimately, bankruptcy 6 rounds out the dialogue through addressing the matter of the clash of laws.

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588 and Blackpool Corporation v. Locker, ibid. , 2003). 68 Edwin R. Keedy, Ignorance and Mistake in the Criminal Law, 22 HARV. L. REV. 75, 76, 88–96 (1909); Canal Bank v. Bank of Albany, 1 Hill. 287 (1841); Hutton v. C. 485 (1876); Athy Poulos-Mobilia, Ignorance or Mistake of Law – Will the Memory Ever Fade, 62 ST. JOHN’S L. REV. 114 (1988); but compare Jerome Hall, Ignorance and Mistake in Criminal Law, 33 IND. L. 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.

40 GEORGE P. FLETCHER, BASIC CONCEPTS OF CRIMINAL LAW 206–211 (1998). 41 Ibid. Krey, supra note 27, at pp. 2–19. , 1960, 2005). 43 Ibid at p. 33. 44 Article 8 of the declaration of rights of the man and the citizen (La De´claration des droits de l’homme et du citoyen) from August 26, 1789 provides: “Nul ne peut eˆtre puni qu’en vertu d’une loi e´tablie et promulgue´e anterieurement au de´lit et le´galement applique´e”. 49 German criminal law embraced two additional applications of the principle of legality.

252; Oxford v. Moss, (1978) 68 Cr. App. R. 183, [1979] Crim. L. R. B. R. R. C. C. R. R. 255. C. R. R. 1115, 84 Cr. App. R. 163; Carass, [2002] 2 Cr. App. R. 77; Andrew Ashworth and Meredith Blake, The Presumption of Innocence in English Criminal Law, [1996] CRIM. L. R. 306 (1996). 62 United States v. S. Ct. Ed. 190 (1891); James v. S. Ct. Ed. 979 (1903); United States v. S. Ct. Ed. 823 (1948). 69 and to have the assistance of counsel for his defense”; See more in United States v. L. S. Ct. Ed. 516 (1921); Yu Cong Eng.

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


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