Academic literature on the topic 'Principle of legality'
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Journal articles on the topic "Principle of legality"
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Pradiva, I. Gusti Ngurah Bayu, and Diah Ratna Sari Hariyanto. "PERLUASAN ASAS LEGALITAS DALAM RKUHP SEBAGAI UPAYA PEMBAHARUAN HUKUM PIDANA INDONESIA." Kertha Semaya : Journal Ilmu Hukum 10, no. 8 (2022): 1766. http://dx.doi.org/10.24843/ks.2022.v10.i08.p05.
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Tujuan studi ini yakni guna mengidentifikasi serta mengerti latar belakang perluasan makna asas legalitas dalam RKUHP serta memahami apakah perluasan asas legalitas dalam RKUHP tidak bertentangan dengan makna dari asas legalitas itu sendiri. Riset ini memanfaatkan jenis riset hukum normatif, pendekatan statute approach, pendekatan historis, serta pendekatan sosiologis. Hasil riset memperlihatkan bahwa perubahan esensi asas legalitas yang mencakup asas legalitas materiel tersebut sebenarnya merupakan wujud dari semangat untuk mengubah KUHP warisan kolonial Belanda dengan hukuman pidana yang lebih sejalan dengan prinsip-prinsip luhur bangsa Indonesia. Perluasan makna asas legalitas dalam RKUHP dapat menimbulkan benturan dan pertentangan namun, hal itu dapat diatasi dengan peran dari Pemerintah Daerah setempat dengan mengeluarkan Peraturan Daerah dengan memasukan unsur pidana adat di dalamnya, sehingga mampu untuk mengefektifkan penerapan asas legalitas materiel yang sejalan dengan prinsip-prinsip yang terdapat pada UUD 1945, Pancasila, HAM, serta asas hukum umum yang diterima oleh khalayak umum.
 The purpose of this study is to identify and understand the background of the expansion of the meaning of the legality principle in the RKUHP and to understand whether the expansion of the legality principle in the RKUHP does not conflict with the meaning of the legality principle itself. This research utilizes the types of normative legal research, the statute approach, the historical approach, and the sociological approach. The results of the research show that the change in the essence of the principle of legality which includes the principle of material legality is actually a manifestation of the spirit to change the KUHP inherited from the Dutch colonial with criminal penalties that are more in line with the noble principles of the Indonesian nation. The expansion of the meaning of the principle of legality in the RKUHP can cause conflicts and contradictions, however, this can be overcome by the role of the local government by issuing a regional regulation that includes elements of customary law in it, so as to be able to effectively implement the principle of material legality in line with the principles laid down. contained in the 1945 Constitution, Pancasila, Human Rights, and general legal principles accepted by the general public.
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Anjari, Warih. "Kedudukan Asas Legalitas Pasca Putusan Mahkamah Konstitusi Nomor 003/PUU-IV/2006 dan 025/PUU-XIV/2016." Jurnal Konstitusi 16, no. 1 (2019): 1. http://dx.doi.org/10.31078/jk1611.
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Korupsi musuh bersama yang harus diberantas sampai dengan akarnya. Putusan MK No. 003/PUU-IV/2006 dan No. 025/PUU-XIV/2016 mempengaruhi pemberantasan korupsi, karena dengan kedua putusan tersebut tindak pidana korupsi sulit dibuktikan. Terjadi perbedaan penerapan asas legalitas berdasarkan putusan mahkamah konstitusi dan yurisprudensi. Putusan mahkamah konstitusi menerapkan asas legalitas formil sedangkan yurisprudensi mengembangkan asas legalitas materiil. Legalitas formil mencegah perlakuan kesewenang-wenangan penguasa, sedangkan legalitas materiil mengakomodir hukum tidak tertulis yang tumbuh dan berkembang dari bangsa Indonesia sendiri. Putusan mahkamah konstitusi berperan sebagai pengontrol penerapan hukum kebiasaan sebagai dasar pemidanaan. Rumusan masalah dalam tulisan ini adalah: pertama, bagaimanakah kedudukan asas legalitas pasca putusan MK Nomor 003/PUU-IV/2006 dan Nomor 025/PUU-XIV/2016? Kedua, bagaimanakah model asas legalitas yang dapat mengakomodir pemidanaan berdasarkan hukum kebiasaan? Metode penelitiannya menggunakan metode penelitian yuridis normatif. Kesimpulannya adalah: putusan MK Nomor 003/PUU-IV/2006 dan Nomor 025/PUU-XIV/2016 memperkuat kedudukan asas legalitas secara formal, sedangkan perkembangan yurisprudensi mengarah pada penerapan asas legalitas materiil. Model asas legalitas untuk hukum pidana materiil Indonesia adalah asas legalitas formil-materiil. Penerapan legalitas materiil dengan syarat, yaitu: 1. Bersifat kasuistis; 2. Berlaku untuk orang tertentu; 3. Secara substansi masih diakui oleh masyarakat adat dengan ditunjukkan adanya masyarakat dan lembaga adat; 4. Hakim harus bersifat hati-hati karena tujuannya mencapai keadilan substantif; 5. Pengadilan negara bersifat ultimum remidium.Corruption of common enemies that must be eradicated up to their roots. MK decisions No.003/PUU-IV/2006 and No.025/PUU-XIV/2016 affect the eradication of corruption, because with these two decisions corruption is difficult to prove. There has been a difference in the application of the legality principle based on the decision of the constitutional court and jurisprudence. The constitutional court ruling applies the principle of formal legality while jurisprudence develops the principle of material legality. Formal legality prevents treatment of arbitrariness of rulers, while material legality accommodates unwritten law that grows and develops from the Indonesian nation itself. The constitutional court verdict acts as the controller of the application of customary law as a basis for punishment. The formulation of the problem in this paper is: first, what is the position of the legality principle after the Constitutional Court decision Number 003/PUU-IV/2006 and Number 025/PUU-XIV/2016? Second, what is the model of the legality principle that can accommodate punishment based on customary law? The research method uses normative juridical research methods. The conclusion is: MK’s decision Number 003/PUU-IV/2006 and Number 025/PUU-XIV/2016 strengthen the position of the principle of legality formally, while the development of jurisprudence leads to the application of principles of material legality. The legality model for Indonesian material criminal law is the principle of formal-material legality. Application of material legality with conditions, namely: 1. Caseistic; 2. Valid for certain people; 3. Substantially still recognized by indigenous peoples as indicated by the existence of indigenous peoples and institutions; 4. Judges must be careful because the objective is to achieve substantive justice; 5. The state court is ultimum remidium
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Metelkov, Alexander N. "CORRELATION OF THE PRINCIPLES OF LAW: EXPEDIENCY IN LEGALITY." IKBFU's Vestnik. Series: Humanities and Social Sciences, no. 1 (2025): 24–33. https://doi.org/10.5922/vestnikhum-2025-1-3.
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The article addresses the pressing issue of the relationship between legality and expediency as principles of law. The objective of the study is to determine the correlation between these principles within legal science. Based on a comparative analysis of scholarly perspectives on expediency and legality as principles of law, and employing the method of abduction, the author attempts to define the place of the principle of expediency within the multi-level system of legal principles, including supreme, general legal, inter-branch, and sectoral principles. Special attention is given to the increasingly significant ideas of I. Kant concerning the principle of expediency. As a result of the study, the author proposes a definition of the principle of expediency as a substantive element underlying the complex systemic concept of legality. Given the polysemous nature of legality, the author critically evaluates the notion that legality can be viewed in its entirety as a form of expediency and supports the view that the principle of expediency (or reasonableness) constitutes one of the structural general legal principles of legality, forming an integral part thereof. The principle of expediency may also function as a principle within individual branches of law. The study substantiates the conclusion that the operation of the principles of legality and expediency manifests distinctively at various levels of legal theory — general legal, inter-branch, and branch-specific.
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SYED, Hassan PhD. "Legality of US Drone Strikes." International Journal of Arts and Social Science 3, no. 1 (2023): 49–55. https://doi.org/10.5281/zenodo.7715926.
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The fundamental principles of international law are the apex legal definitions that sit at the very top of the legal theory. Professor Alain Pellet has highlighted the distinction between the fundamental principles of international law and the general principles of international law.1Pellett (2000) states that the general principles are reflected in the municipal laws as various subsets of international law principles such as adherence to the universal human rights as part of the municipal legislation for human rights. The ‘fundamental’ nature is derived from international treaties that are the underline body giving it the credence as the apex body of law. These fundamental principles of international law are, for example, the principle of equality and sovereignty of nations, the principle of the prohibition on the use of force, the principle of the threat to the use of force, the principle of human dignity etc. The United States (US) ha
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Jiwanti, Ainun. "The Legality Principle's Expansion in the National Criminal Code as a Manifestation of the Idea of Balance (Tawazun)." Journal of Transcendental Law 6, no. 2 (2024): 87–100. https://doi.org/10.23917/jtl.v6i2.6452.
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This paper aims to analyze the concept and justification of the legality principle’s expansion in the Indonesian National Criminal Code and how its expansion is a manifestation of the idea of balance in the Indonesian criminal law’s renewal. This paper employed doctrinal legal research, i.e., a process to find legal regulations, principles, as well as doctrines to answer the legal issues being faced. Based on the research results, the formulation of the legality principle (formal) in the Criminal Code (WvS) was developed based on the certainty principle which is difficult to adapt with the development of the living law in society. Therefore, the National Criminal Code expands the meaning of the legality principle from having formal characteristics into a legality principle with material characteristics. It is specifically formulated in Article 2 clause (1) of Law No. 1 of 2023 on the National Criminal Code. According to this regulation, the legal source which states that an action is categorized as a criminal action based on the formal legality principle (based on the law as referred to in Article 1 clause (1)) does not decrease the application of the living law in society which determines that a person can be penalized even though his actions are not regulated in legal regulations. The insertion of the material legality principle in the National Criminal Code has the objective that the living law is also acknowledged as a legal source. The formulation of the material legality principle aims to protect the standard of values and norms that live in society to fulfill a sense of substantial justice. This is to create a balance between “legal certainty” and “justice”. Tujuan dari penelitian ini yaitu untuk menganalisis bagaimana konsep dan justifikasi perluasan asas legalitas dalam KUHP Nasional dan bagaimana perluasan asas legalitas sebagai wujud ide keseimbangan dalam pembaharuan hukum pidana Indonesia. Penelitian ini menggunakan penelitian hukum doktrinal, yaitu suatu proses untuk menemukan suatu aturan, prinsip, maupun doktrin-doktrin hukum guna menjawab isu hukum yang dihadapi. Berdasarkan hasil penelitian, formulasi asas legalitas (formil) dalam KUHP (WvS) dibangun di atas pondasi kepastian yang sulit beradaptasi dengan perkembangan hukum yang hidup di masyarakat. Oleh karena itu, KUHP Nasional memperluas makna asas legalitas dari yang sifatnya formil ke dalam asas legalitas yang sifatnya materil, tepatnya yaitu dirumuskan pada Pasal 2 ayat (1) KUHP Nasional. Menurut Pasal 2 ayat (1) KUHP Nasional, sumber hukum untuk menyatakan suatu perbuatan sebagai tindak pidana yang didasarkan pada asas legalitas formil (berdasarkan undang-undang sebagaimana dimaksud Pasal 1 ayat (1)) tidak mengurangi berlakunya hukum yang hidup dalam masyarakat yang menentukan bahwa seseorang patut dipidana walaupun perbuatan tersebut tidak diatur dalam undang-undang. Dimasukkannya asas legalitas materiel ke dalam KUHP Nasional bertujuan agar hukum yang hidup (the living law) juga diakui sebagai sumber hukum. Formulasi asas legalitas materiel bertujuan untuk melindungi standar nilai dan norma yang hidup di masyarakat demi memenuhi rasa keadilan yang substantif, sehingga akan terjalin keseimbangan antara “kepastian hukum” dan “keadilan”.
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Mahfudz, Yudia. "KAJIAN PRINSIP KEADILAN HUKUM DALAM ASAS LEGALITAS HUKUM PIDANA ISLAM." Jurnal Res Justitia: Jurnal Ilmu Hukum 5, no. 1 (2025): 341–50. https://doi.org/10.46306/rj.v5i1.217.
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The principle of legality is one of the principles that has the most basic position, making it a main principle in criminal law. The principle of legality in criminal law has limitations in advocating values related to legal justice. The aim of this research is to find out how the benefits of the principles of legality of Islamic criminal law are used as a basis for updating the content of current law. The method used in this research is Normative Law which discusses the principles related to legal justice contained in the principles of legality of Islamic criminal law which will be researched comprehensively and exploratoryly. The results of this research state that the principle of legality of Islamic criminal law has a strong relationship with religious principles because it comes from a clear source, namely the Al-Qur'an. So, this principle has power related to spirituality and flexibility. Islamic criminal law has flexibility in its implementation because it has classifications regarding the efficiency of non-criminal acts.
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Sitorus, Tonggo, Muhammad Rafandi Harahap, Ferdinand Sembiring, and Syaiful Asmi Hasibuan. "Development of the Principle of Legality in Indonesian Criminal Law." International Journal of Multidisciplinary Approach Research and Science 2, no. 01 (2023): 278–85. http://dx.doi.org/10.59653/ijmars.v2i01.418.
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Legality is the oldest principle of criminal law and is found in almost all national criminal laws worldwide. The existence of this principle is to protect citizens from the arbitrariness of the authorities. The principle of legality in criminal law has a central role in ensuring legal certainty for society because this principle requires the existence of written regulations regarding a criminal act to carry out a punishment. The aim is to understand the principles of legality according to criminal law in Indonesia. The research used normative juridical methods with data collection methods through a literature study. The principle of legality in Indonesian criminal law is a fundamental principle. The principle of legality in criminal law is essential to determine whether or not a criminal law regulation can treat a criminal act that has occurred. Applying the principle of good legality in national criminal law is not rigid, mainly to tackle crimes against human rights.
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Stoian, Alexandru, and Teodora Drăghici. "The Principle Of Legality, Principle Of Public Law." International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (2015): 512–15. http://dx.doi.org/10.1515/kbo-2015-0087.
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Abstract The principle of legality represents one of the most important principles of the state of law, which significantly contributes to defending the law order and the social balance. Established as a principle of the organization and functioning of the state public authorities at the Revolution of 1789 in France, the acknowledgement of the principle of legality in an act having a constitutional value marked the moment of foundation for the state based on law principles and represented a premise of creating a modern public administration. The principle is present at the level of each judiciary branch, which provides for its popularity due to its specificity. The paper aims at achieving a brief analysis of the role of the principle of legality in public law, presenting its importance in constitutional and administrative law.
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Rapajić, Milan, and Dejan Logarušić. "The principle of legality of the administration." Zbornik radova Pravnog fakulteta Nis 63, no. 101 (2024): 69–89. http://dx.doi.org/10.5937/zrpfn0-50968.
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The contemporary administrative law is based on a set of legal principles which permeate all institutes of administrative law, giving them meaning and creating a harmonious whole. The first and most important pillar of the administrative law normative system is the principle of legality, which implies that the administration is subjected to the applicable laws. Administration is a creation of law; it is organized, regulated and acts in compliance with the law. The basic function of the administration is to implement the laws by observing the law in force. It cannot perform its functions beyond the limits set by the law, nor contrary to the law. In all modern states, the principle of legality in general, and the principle of legality of administration in particular, are the cornerstone for the development of the rule of law. The principle of legality rests on the legal activities of the administration. Under the constitution and the law, administration has a dual role: to adopt a specific administrative legislative act, and to adopt of a normative act (by-law). The concept of legality applied to an administrative act implies that it is impermissible to use coercive means without a justifiable legal ground, which stems from the executive character of an authoritative act which unilaterally determines the parties' rights and obligations. In this sense, the legality of an administrative act must include all its essential elements: jurisdiction, form, basic rules of procedure, purpose, and even substantive law issues. When it comes to normative acts, the principle of legality works in two directions: existential and substantive. The paper presents the concept and the content of the principle of legality of the administration, the relationship between the principle of legality and discretionary assessment, as well as the relationship between the principle of legality and the principle of proportionality, as one of the more recent principles in European continental public law. The authors outline the typical violations of the principle of legality and sanctions for those violations.
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Maskur, Muhammad Azil, Pujiyono -, Irma Cahyaningtyas, Wildan Azkal Fikri, and Firsta Rahadatul ‘Aisy. "Ideological Struggle in The Principle of Material Legality of the New Indonesian Criminal Code and its Future." Lex Scientia Law Review 9, no. 1 (2025): 1473–99. https://doi.org/10.15294/lslr.v9i1.19743.
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This article emerged from the authors’ hypothesis that the principle of legality in the new Indonesian criminal code is hard to conduct because it should refer to 4 groundworks, namely Pancasila, UUD NRI 45, human rights, and the general principles of law. To prove this hypothesis, the authors use the theory of ideology to analyze the battle of values, ideas, and motives in the four. Based on the authors’ reading, the new Indonesian criminal code has expanded the principle of legality into two, namely, the principle of formal and material legality. In the next one, the authors found an ideological struggle in the principle of material legality of the new Indonesian criminal code, which includes the struggle of personal, political, and legal policy ideologies. So, the principle of material legality is challenging to enact because the competing ideologies negate each other. Finally, the authors recommend that the principle of legality be enforced by allowing power-sharing in legal jurisdiction between the Indonesian government and Indigenous law people.
Dissertations / Theses on the topic "Principle of legality"
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Matute, Francisco Javier Dondé. "The principle of legality : national and international perspectives." Thesis, University of Aberdeen, 2003. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU172067.
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This study aims to establish what level of development has the Principle of Legality reached in national jurisdictions as well as in international law. The study analyses the developments and treatment of the Principle of Legality in international criminal law by means of an analysis of several national jurisdictions and international law; in Scotland, England, the United States, Mexico and South Africa. After this, the deduction of the rules of Legality were identified and compared with international developments in international human rights law and international criminal law was made and conclusions formulated. The various legal systems represent different ways of considering the Principle of Legality, taking into account the general aspects of retroactivity, strict construction and foreseeability as guidelines for this study. Therefore, it was not possible to extract a general understanding of the Principle of Legality, and even the consideration of minimum standards was a complex task. Despite these obstacles some conclusions could be reached regarding the evolution of the Principle of Legality in international criminal law. The Principle of Legality seems to be in a very early state of development in international criminal law. There seem to be some basic rules that are recognised in treaties, but the courts and the drafters of criminal definitions have not given the Principle the same scope at domestic legislatures and courts. However, the Rome Statute seems to provide for a system where the Principle of Legality could be respected, since its text gives the broadest scope of any treaty so far. However, for now there is still a lot of work to be done, if we aspire to create a respectful system of international criminal law, since the existing rules do not comply with the expected minimum standards.
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OLIVEIRA, RAFAEL CARVALHO REZENDE. "THE PRINCIPLE OF JURISDICITY: A REFORMULATION OF THE ADMINISTRATIVE LEGALITY AND LEGITIMACY PRINCIPLES." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2007. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=10775@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO<br>A presente dissertação tem por objetivo analisar o
fenômeno da
constitucionalização do Direito Administrativo e a
conseqüente releitura de dois
princípios basilares deste ramo do direito: os princípios
da legalidade e da
legitimidade administrativas. Após algumas considerações
introdutórias e a
apresentação do tema no capítulo I, o trabalho analisará,
no capítulo II, o
nascimento e a evolução do Direito Administrativo, com o
intuito de demonstrar
que a concepção clássica deste ramo do Direito deve passar
por uma leitura
constitucional, em tempos de constitucionalização do
ordenamento jurídico. No
capítulo III, o enfoque será o estudo do princípio da
legalidade e a sua evolução
ao longo dos tempos. A concepção liberal deste princípio,
consagrado no Estado
Liberal de Direito, entra em crise. A lei deixa de ocupar
o papel de protagonista
do ordenamento jurídico para dar lugar à Constituição. O
desprestígio do
Parlamento, bem como a celeridade e complexidade da vida
moderna, acabam por
gerar a ampliação do poder normativo das entidades
administrativas localizadas
fora do Poder Legislativo. Com isso, institutos como a
deslegalização e a reserva
da administração, bem como a figura do regulamento
autônomo, ganham destaque
no debate jurídico atual. Ao invés do respeito apenas à
lei formal, a atuação
administrativa deve adequar-se ao ordenamento jurídico
como um todo, o que
acarreta a consagração do princípio da juridicidade. Em
seguida, no capítulo IV, o
estudo tecerá considerações sobre as concepções clássicas
de legitimidade e
demonstrará a necessidade de se reforçar a legitimidade
democrática da
Administração Pública através de instrumentos efetivos de
participação do
cidadão na tomada de decisões e elaboração de normas
administrativas. O capítulo
V, por sua vez, demonstrará que a releitura dos princípios
da legalidade e da
legitimidade administrativas pode ser verificada, com mais
exatidão, na
formatação das agências reguladoras. A discussão em
relação à
constitucionalidade do modelo regulatório adotado pelo
ordenamento jurídico pátrio passa necessariamente pela
compatibilidade com os princípios em comento.
Por fim, no capítulo VI, a titulo de conclusão, o trabalho
apontará a importância
do princípio da juridicidade no âmbito do estado
Democrático de Direito.<br>The main goal of this dissertation is to analyze the
phenomena of
constitutionalization in Administrative law and the
resulting reconsideration of
two basic pilars underpinning this field of Law: the
principles of legality and of
administrative legitimacy. After some introductory
considerations followed by the
presentation of the main theme in the first Chapter, the
author will review, in the
second Chapter, the emergence and evolution of
Administrative Law in order to
demonstrate that, in view of the current
constitutionalization of the legal system,
the constitutional perspective should be added to the
classic conception of
Administrative Law. The third Chapter will focus on the
study of the legality
principle and how it evolved through times. The liberal
view of this principle, the
cornerstone of the Liberal Rule of Law, comes to a crisis.
The Law becomes less
and less the leading agent of the legal order while this
role is assigned to the
Constitution. The decreasing prestige of Parliament as
well as the complexity and
the ever-faster pace of modern life end up extending the
normative power to
administrative entities found outside the realm of the
Legislative Branch.
Therefore, institutes such as the de-legalization and the
administrative reserve,
as well as the institute of -autonomous regulation-, gain
prominence in the current
public debate. Instead of owing respect only to the formal
Law, the
administrative arena should also adjust itself to the
legal order as a whole, which
means that the -principle of jurisdicity- becomes
paramount. Subsequently, in the
fourth Chapter, the study will discuss the classic
conceptions of legality and will
demonstrate the need to reinforce the democratic
legitimacy in Public
Administration by means of effective instruments allowing
citizens to be part of
the decision-making process and of the development of
administrative norms. The
fifth chapter, in turn, will demonstrate how the re-
consideration of the principles
of legality and administrative legitimacy can be more
accurately verified in the
way regulatory agencies were formatted. Any discussion on
the constitutionality of the regulatory model adopted by
the legal order in Brazil necessarily includes
compatibility with the principles under discussion The
sixth chapter will conclude
the study pointing out the importance of the -principle of
jurisdicity- under the
Democratic Rule of Law.
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Polajžar, Aljoša. "Principle of legality in criminal law: the ECHR perspective." Thesis, Вектор, 2020. http://er.nau.edu.ua/handle/NAU/43749.
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Тези виступу зарубіжного гостя в рамках ІІІ Міжнародного молодіжного наукового юридичного форуму.<br>No punishment without law. A basic principle of criminal and penal law, which is universally recognised and outlined in major human rights conventions [8, p. 1; 6, p. 226]. Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: ECHR) states that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed [5, article 7(1)]. Moreover,the penalty imposed must not be heavier than the one applicable at the time of the criminal offence [5, article 7(2)].
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Polajžar, Aljoša. "Principle of legality in criminal law: the ECHR perspective." Thesis, Вектор, 2020. https://er.nau.edu.ua/handle/NAU/50910.
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Тези виступу зарубіжного гостя в рамках ІІІ Міжнародного молодіжного наукового юридичного форуму.<br>No punishment without law. A basic principle of criminal and penal law, which is universally recognised and outlined in major human rights conventions [8, p. 1; 6, p. 226]. Article 7 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: ECHR) states that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed [5, article 7(1)]. Moreover,the penalty imposed must not be heavier than the one applicable at the time of the criminal offence [5, article 7(2)].
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Chen, Nicholas Edward. "Procedural fairness in judicial review of migration decisions: The evolution of a fundamental common law principle." Thesis, The University of Sydney, 2015. http://hdl.handle.net/2123/13743.
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Procedural fairness has undergone significant evolution from a moral limit on the exercise of power to a fundamental principle of the common law. The thesis explains and reconciles this evolution of procedural fairness in Australia in the context of judicial review of decisions made under the Migration Act 1958 (Cth). By historical analysis of the origins and development of the principles of procedural fairness, the thesis identifies values and concepts underlying those principles. The High Court’s current conception of fairness, as protecting individual rights and interests in the exercise of power, evolved from the idea that there is a morally correct and just way to decide things. The thesis explains how by judicial development the implication of the obligation to observe procedural fairness in Australia, in the context of migration decisions, was shaped and informed, expressly and implicitly, by these values and concepts. The thesis explains the basis for the current restatement of procedural fairness as a fundamental principle of the common law, the relationship between procedural fairness and the principle of legality, and the positioning of procedural fairness as a principle or presumption of statutory construction. The thesis suggests that the explanation rests in legal coherence, in particular defining the obligation to observe procedural fairness in terms of an implied limit on the exercise of statutory power. The thesis also suggests that the dual presumptions created by recognising procedural fairness as a fundamental principle buttressed by the principle of legality, practically deny the exclusion of the principles in all but a limited number of cases.
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Namwase, Sylvie. "The Principle of Legality and the prosecution of international crimes in domestic courts: lessons from Uganda." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9280_1363774835.
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Castronuovo, Andrea Filippo. "Crisi economica e principio di legalità." Doctoral thesis, Università di Catania, 2014. http://hdl.handle.net/10761/1512.
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I principi del diritto amministrativo, nell'attuale contesto storico-economico, segnato dalla crisi economica mondiale, lungi dal connotarsi in termini di immutabilità, vivono una fase di ridefinizione. Ciò è particolarmente vero nel caso del principio di legalità. Esigenze finanziarie e di conservazione di un'impostazione "sostanziale", oggi si contrappongono, con una tendenziale prevalenza, anche in seno al diritto vivente, delle prime sulle seconde: una sorta di "legalità dell'emergenza economica" e - sul piano della forma di Stato - uno "Stato a prestazioni minime".
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Santos, Thiago Pedro Pagliuca dos. "O princípio da ofensividade como complemento necessário à regra da legalidade penal no Estado Democrático de Direito." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2136/tde-24022016-164831/.
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As ideias políticas e filosóficas que influenciaram a criação da regra da legalidade penal e do princípio da ofensividade têm origem no Iluminismo. Principalmente durante a Idade Média e o Antigo Regime, confundia-se crime com pecado e as pessoas podiam ser punidas por mero capricho do soberano, sem que existisse lei. As arbitrariedades eram gritantes. A finalidade de ambas as teorias surgidas no período da Ilustração, portanto ao pregarem que era necessária a existência de lei prévia para que alguém fosse punido (regra da legalidade) e que o crime pressupunha uma lesão a direito ou bem jurídico de terceiro (princípio da ofensividade) , era a mesma: limitar o poder punitivo. No entanto, a regra da legalidade penal foi muito mais absorvida pelo discurso dogmático-jurídico do que o princípio da ofensividade, sendo oportuno, pois, analisar as razões pelas quais isso ocorreu. Algumas delas serão analisadas neste estudo como, por exemplo, a ausência de previsão explícita desse princípio nas Constituições, a suposta incompatibilidade desse princípio com a separação de poderes e com a própria regra da legalidade penal e a insegurança jurídica que a aplicação de princípios poderia gerar. Além disso, há um fator político de destaque: a consolidação da burguesia exigia a imposição de limites formais ao poder estatal, mas não limites materiais. Outro fator importante foi o advento do positivismo criminológico, no final do século XIX, que, ao confundir crime com doença, retornou ao paradigma do direito penal do autor que havia vigorado na Idade Média. Finalmente, para demonstrar o que impediu a consolidação do princípio da ofensividade especificamente no Brasil, será analisada a influência da doutrina europeia na dogmática nacional.<br>The political and philosophical ideas that influenced the creation of the principle of legality and the harm principle came from the Age of Enlightenment. Mainly during the Middle Age and the Old Regime, there was a confusion between crime and sin and people could be punished simply because of the whim of the sovereign, with no law. The arbitrariness were enormous. The reason for both theories that were born at the Age of Reason which required that the legal rules would have to be declared beforehand (principle of legality) and that the crime presupposed a harm or injury to other individuals (harm principle) were the same: to limit the power of punishment. However, it can be seen that the rule of the legality has been taken by the dogmatic and legal speech much more deeper than the harm principle, being opportune then, to analyze the reasons it happened. Some of them will be analyzed in this research, for instance, the absence of this explicit principle in the Constitutions, the alleged incompatibility of this principle with the separation of powers and the legality rule itself and the legal uncertainty that the application of principles could trigger. Furthermore, there is a major political factor: the consolidation of the bourgeoisie demanded the imposition of formal limits to the power of the state, but not material limits. Another important factor was the advent of positivist criminology, in the late nineteenth century, which, by confusing crime with illness, brought the paradigm of criminal law of the author, which was applied in the Middle Ages, back. At last, to show what stopped the consolidation of the harm principle specifically in Brazil, there will be an analysis of the influence of European doctrine in the Brazilian dogmatic.
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Sakalaitė, Lina. "Teisėtumo principas ir jo įgyvendinimas. Šiaulių miesto savivaldybės atvejis." Bachelor's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110802_145005-61027.
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Teisėtumo principas yra vienas svarbiausių principų visoje teisinėje sistemoje, tai yra demokratinės visuomenės pagrindas. Teisinė valstybė nesuderinama su bet kokia savivale ar neteisėtumu, su žmogaus teisių ir laisvių pažeidimu. Tai įtvirtina svarbiausias valstybės dokumentas – Konstitucija. Siekiant užtikrinti teisėtumo įgyvendinimą visoje valstybėje, svarbu, jog visos valstybinės ir visuomeninės organizacijos, pareigūnai ir piliečiai uoliai ir tvirtai laikytųsi įstatymų. Užtikrinant teisėtumą valstybėje, svarbų vaidmenį atlieka ir vietos savivaldos organai, kadangi jų veikla turi būti griežtai paremta įstatymais. Teisėtumo principo laikymasis – svarbiausia vykdomosios valdžios institucijų veiklos efektyvumo, rezultatyvumo sąlyga, todėl būtina išanalizuoti, ar šis principas yra pakankamai įgyvendinamas vietos savivaldos organuose.
Bakalauro baigiamojo darbo objektas – teisėtumo principas. Šiuo darbu buvo siekta išanalizuoti teisėtumo principo įgyvendinimą Šiaulių miesto savivaldybėje. Buvo išnagrinėta mokslinė literatūra, dokumentai ir publicistiniai straipsniai, siekiant atskleisti teisės normų ir teisės principų teorinius pagrindus, išanalizuoti teisėtumo principo pagrindinius bruožus bei jo reglamentavimą teisės aktuose, išnagrinėti teisėtumo principo įgyvendinimą viešajame administravime teoriniu aspektu bei identifikuoti teisėtumo principo įgyvendinimo aspektus konkrečios savivaldybės (šiuo atveju – Šiaulių miesto) atveju.
Iškelta hipotezė, kad teisėtumo principas... [toliau žr. visą tekstą]<br>The principle of legitimacy is one of the main principles in the whole legal system and is the base of the democratic society. Lawlessness or illegitimacy, violation of human rights and freedoms, are undesirable in any legal country. It is confirmed by the main document of the state – the Constitution. In order to assure the implementation of legitimacy in the whole state, it is important to ensure that all state and public organisations, officers and citizens follow laws and legal acts. Within the process of legitimacy assurance in the country, the important role is given to the local governing bodies, because their activity must be strictly based on laws. Observance of the principle of legitimacy is the main condition of efficiency, usefulness of activity of governing institutions, therefore it is necessary to analyse whether this principle has been sufficiently implemented in local governing bodies.
Object of the Final Bachelor’s Degree Work is the principle of legitimacy. The Work has tried to analyse implementation of the principle of legitimacy in Šiauliai City Municipality. Scientific literature, documents and publicist articles were analysed in order to reveal theoretical basics of legal norms and principles of law, to analyse main features of the principle of legitimacy as well as its regulation in legal acts, to analyse the implementation of the principle of legitimacy in public administration on theoretical aspect and to identify the implementation of the... [to full text]
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Andersson, Daniel. "The Legality of Transfer Windows in European Football : A study in the light of Article 39 and 81 EC." Thesis, Jönköping University, JIBS, Commercial Law, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-7590.
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<p>The transfer system was created in order to control player movement between football clubs and has existed since the late nineteenth century. During the negotiation of today’s transfer rules FIFA, UEFA and the Commission found that a breach of contract during the season could upset the balance of competition and therefore should be restricted. It was considered necessary to strengthen the contractual stability and to apply a special rule to preserve the regularity and proper functioning of competition. This was done by the means of a provision stipulating that a football player only can be registered to play with a national association during one of the two registration periods per year, generally known as the transfer windows.</p><p>Sport has never been included in the formal structures of the European Union and the regulation of sport has instead materialized through verdicts from the European Court of Justice. One of the most influential statements emerging from the Court is that sport is subject to Community law in so far it constitutes an economic activity. Consequently, if the activity is economic there is a risk that it infringes EU law. The purpose of this master thesis is to examine the FIFA transfer window system and to determine whether it violates Article 39 and/or Article 81 EC.</p><p>The transfer windows, a regulation strengthened by the ECJ in the case of <em>Lehtonen</em>, restrict the ability of players to seek alternative employment and could therefore be regarded as a violation of the free movement of workers. In order to trigger the Treaty provisions guarding the right of freedom of movement the person in question must be a national of a Member State of the European Union and the activity must have a territorial dimension beyond the borders of a single Member State of the European Union. The person in question must also be engaged in some kind of economic activity. It is, however, clear that football players who are members of the European Union and are applying for a job in another Member State, and are performing at a certain level, fulfil these requirements. Footballers should therefore be considered as workers within the meaning of Article 39 EC and the prohibition of discrimination contained in that article which catches non-discriminatory private collective measures, such as the transfer system, invented by regulatory bodies like FIFA and UEFA.</p><p>When considering the FIFA “windows system” it is clear that it is liable of restricting the ability of players to seek alternative employment in another Member State and should therefore be regarded as a violation of Article 39 EC. Nevertheless, restricted transfer periods have been found by the ECJ to be objectively justified as having sporting benefits in the Belgian Basketball league. It is, however, likely that the “window system”, as it operates in European football, goes beyond what is necessary to achieve team and player contract stability since it is too restrictive and somewhat redundant. Consequently, the FIFA transfer windows do not comply with the requirements of the principle of proportionality and should therefore, if challenged, be regarded as a violation of Article 39 EC.</p><p>The use of transfer windows in European football can also be considered to be an issue for competition law and in particular Article 81 EC. The article prohibits all agreements between undertakings that restrict competition and affect trade between Member States and has the objective to protect consumers, enhance their welfare and to facilitate the creation of a single European market. The ECJ has, however, acknowledged a certain type of sporting rule that, even though it restricts competition, will be granted immunity from Article 81 EC. The FIFA “windows system” should not be regarded as such a rule since it does not fulfil the required conditions.</p><p>The transfer windows do little for the competitive balance within the European football. It may be argued that it preserves the appeal and the unpredictability of the finishing stages of a championship. However, they also prevent clubs from developing their economic activity and restrict the free play of the market forces of supply and demand. Furthermore, the “windows system” hinders certain clubs from raising the quality of their sporting performance since clubs in minor leagues with a closed window are losing their best players to clubs in a better league with an open window, without being able to replace them. All of this affects the small and economically weak clubs and strengthens the position of the financially strong clubs. As a result a few strong clubs will, contrary to the best interest of consumers, continue to dominate European football. The FIFA regulation of transfer windows is therefore likely to fall under Article 81(1) EC.</p><p>It is unlikely that the pro-competitive benefits of the FIFA transfer windows outweigh its restrictive effects since it is improbable that they would be considered the least restrictive means of creating these benefits. Subsequently, the FIFA “windows system” would not qualify for an exemption under Article 81(3) EC and should, if challenged, be void under Article 81(2) EC.</p>
Books on the topic "Principle of legality"
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Pérez Manzano, Mercedes, Juan Antonio Lascuraín Sánchez, and Marina Mínguez Rosique, eds. Multilevel Protection of the Principle of Legality in Criminal Law. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-63865-2.
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Hallevy, Gabriel. A Modern Treatise on the Principle of Legality in Criminal Law. Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-13714-3.
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G, Ramcharan B., ed. The principle of legality in international human rights institutions: Selected legal opinions. M. Nijhoff Publishers, 1997.
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Lao, Dongyan. Zui xing fa ding ben tu hua de fa zhi xu shi: Research on the legality principle from the perspective of rule of law. Beijing da xue chu ban she, 2010.
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Akmalova, Al'fiya, and Vladimir Kapicyn. State and municipal administration system. INFRA-M Academic Publishing LLC., 2020. http://dx.doi.org/10.12737/981344.
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The textbook discusses the concept of the state and municipal management system, its formation and development in Russia, scientific, legal, organizational, competence and information bases of the activities of state and municipal management bodies. Special attention is paid to the analysis of the General principles of state and municipal administration and the specifics of their implementation in certain territories and under special legal regimes, the role of control and Supervisory bodies in ensuring the legality and responsibility of public authorities and officials.
 Meets the requirements of Federal state educational standards of higher education of the latest generation.
 For bachelors and masters of higher education organizations studying in the direction 38.03.04 "State and municipal management", as well as all those who study the basics of the organization of state and municipal management and are interested in the problems of development of the state and society.
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Bernard, David K. Practical holiness: A second look : a study of the victorious Christian life, pursuing holiness inwardly and outwardly, avoiding legalism, protecting Christian liberty, and applying scriptural principles to everyday situations. Word Aflame Press, 2012.
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Crummey, Conor. The Principle of Legality. Oxford University PressOxford, 2025. https://doi.org/10.1093/9780198935469.001.0001.
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Abstract It is a well-known tenet of public law that judges must interpret a statute consistently with common law rights and principles, unless that statute uses ‘clear and express’ language to license the violation of such rights and principles. This is the ‘principle of legality’. But which rights and principles trigger the principle of legality? How ‘clear and express’ must statutory language be to license interference with common law rights? Does this method of interpretation apply only to statutes, or should it apply to interpretation of the scope of prerogative powers as well? What does the method of interpretation tell us about the relationship between the rule of law and parliamentary supremacy? This book develops a philosophical theory of the principle of legality to help answer these questions. This book challenges the prevailing notion that the principle of legality is a presumption about the intentions of the legislature. Drawing on debates in the philosophy of language and general jurisprudence, the book shows that these theories fail to account for the principle of legality in a satisfactory way. The book then deploys a non-positivist theory of general jurisprudence to show that judges invoking the principle of legality are engaging in a complex process of moral reasoning. This theory makes sense of these cases in a way that prevailing theories do not, and provides us with satisfying answers to the difficult questions about legality outlined above. This includes answers to some of the most pressing and controversial questions in contemporary public law scholarship.
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Peristeridou, Christina. Principle of Legality in European Criminal Law. Intersentia Limited, 2015.
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Groves, Matthew, Mathew Groves, and Daniel Meagher. Principle of Legality in Australia and New Zealand. Taylor & Francis Group, 2017.
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Gallant, Kenneth S. Principle of Legality in International and Comparative Criminal Law. Cambridge University Press, 2009.
Find full textBook chapters on the topic "Principle of legality"
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Bossacoma Busquets, Pau. "The Principle of Nationality." In Morality and Legality of Secession. Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-26589-2_3.
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Bossacoma Busquets, Pau. "The Principle of Democracy and Secession." In Morality and Legality of Secession. Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-26589-2_9.
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Weerts, Sophie. "The Law and the Principle of Legality." In Governance and Public Management. Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-92381-9_4.
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Amado, Juan Antonio García. "On the Principle of Criminal Legality and Its Scope: Foreseeability as a Component of Legality." In Multilevel Protection of the Principle of Legality in Criminal Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-63865-2_10.
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Ferdinandusse, Ward N. "The Principle of Legality and Direct Application of Core Crimes." In Direct Application of International Criminal Law in National Courts. T.M.C. Asser Press, 2006. http://dx.doi.org/10.1007/978-90-6704-707-4_6.
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Graat, Joske. "A Transnational Legality Principle and Its Possible Effect on the EAW." In The European Arrest Warrant and EU Citizenship. Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-07590-2_11.
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Wiącek, Marcin. "Constitutional Crisis in Poland 2015–2016 in the Light of the Rule of Law Principle." In Defending Checks and Balances in EU Member States. Springer Berlin Heidelberg, 2021. http://dx.doi.org/10.1007/978-3-662-62317-6_2.
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AbstractThis chapter concerns the constitutional crisis in Poland that began in 2015. It was triggered by appointing judges of the Constitutional Tribunal, by the outgoing Parliament, and then by re-appointing new judges for the same vacancies. Thus, the status of three judges elected by the previous Parliament and three judges elected by the current Parliament remains disputable.One of the crucial elements of the rule of law is the principle of legality. There are two aspects of this principle: the presumption of legality that covers all acts of state bodies; the revoking of this presumption may be performed only within procedures prescribed by the law. The law should indicate a state body competent to revoke the presumption of legality and define the legal effects of such revoking. If the law is incomplete, incoherent or imprecise in that scope—that may lead to legal and political crisis. Polish legislation and Constitution fail to comply with the said standard. This is one of the causes of the constitutional crisis in Poland.In a state governed by the rule of law state bodies should mutually respect their acts. State bodies should not treat acts or decisions issued by other state bodies as invalid or non-existent, unless it is declared within a procedure prescribed by the law. Otherwise, a legal chaos may occur. Courts are not empowered to evaluate the lawfulness of the Tribunal’s judgments. One of the crucial elements of the rule of law principle is the certainty of law.
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Hallevy, Gabriel. "The Meaning and Structure of the Principle of Legality in Criminal Law." In A Modern Treatise on the Principle of Legality in Criminal Law. Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-13714-3_1.
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Graat, Joske. "The Legality Principle: Its Link to the EAW, Jurisdiction and Forum Choices." In The European Arrest Warrant and EU Citizenship. Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-07590-2_3.
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Fossas Espadaler, Enric. "Material Limits on the Criminal Legislator: Their Interpretation by the Spanish Constitutional Court and the European Court of Human Rights." In Multilevel Protection of the Principle of Legality in Criminal Law. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-63865-2_1.
Full textConference papers on the topic "Principle of legality"
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Škundrić, Aleksa. "Načelo zakonitosti u međunarodnom krivičnom pravu." In Relation between International and National Criminal Law. University of Belgrade, International Criminal Law Assotiation, 2024. https://doi.org/10.51204/zbornik_umkp_24129a.
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The subject of this paper is the r esearch of the place and substance of the principle of legality within the framework of the International Criminal Law. Firstly, the author briefly shows the main features of the said principle in general and compares its status in Continental and AngloAmerican (common law) legal systems. Afterwards, he researches the historical genesis of the principle of legality in the International Criminal Law and especially its place in the practice of International Military Tribunals in Nuremberg and Tokyo and the ad hoc International Criminal Tribunals of the UN Security Council for former Yugoslavia and Rwanda. The author concludes that the principle of legality, more famously expressed through Latin maxim nullum crimen, nulla poena sine lege, exists in the Customary International Law, but in a form that is too extensive, as a principle of legality sui generis. In this regard, it is pointed out that the Rome Statute of the International Criminal Court has made an attempt to bring the meaning of the principle of legality in the International Criminal Law closer to the one it has in the Continental Criminal Law system. However, the Rome Statute is still considered to represent particular International (Criminal) Law and as such its provisions, including the ones concerning the principle of legality, apply only to the member states of the Statute. Finally, the author is putting forward his stance regarding the issue of the direct application of the International Criminal Law in the national legal systems, in the context of the principle of legality.
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Amarante de Mendonça Cohen, Sarah. "A hermeneutical review of the principle of legality in tax law." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg142_05.
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Isaev, Eduard Evgen'evich. "The principle of legality in the legal process (historical and legal aspect)." In All-Russian scientific and practical conference. Publishing house Sreda, 2024. http://dx.doi.org/10.31483/r-112760.
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The article examines the peculiarities of understanding and implementing the principle of legality in the Soviet period. Using the example of studying the legal process in the sphere of application of law in relation to persons who do not fulfill constitutional obligations to engage in socially useful work, strict observance of the principle of legality in the period under consideration is substantiated. The dynamic development of law in modern reality should take into account the historical and legal experience of domestic law enforcement, which is what the theory of law and state focuses on.
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Morawski, Wojciech. "The Tax Rulings – the Conflict Between the Principle of Legality and the Principle of Legitimate Expectations." In XVI International Scientific Conference "The Optimization of Organization and Legal Solutions concerning Public Revenues and Expenditures in Social Interest". Temida 2, 2018. http://dx.doi.org/10.15290/oolscprepi.2018.38.
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Nicorici, Cristina. "The Principle of Legality and General Crimes – the Particular Case of Abuse in Service of Public Officer." In The 9th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press,, 2024. http://dx.doi.org/10.22364/iscflul.9.2.08.
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The principle of legality is a fundamental part of the criminal law system and a rule that is a part of the positive legislation in most of the countries. One of its components – the law – should state clearly, in a predictive and comprehensible manner, what actions or inaction constitute crimes. Many countries including Romania attempt to regulate and penalize, as precisely as possible in accordance with this principle, by the means stipulated in criminal law, the actions of public officers who fulfil their duties improperly, or fail to fulfil them, with the intention to cause damage to others. The current article considers the crime of abuse of office, – an incrimination that aims to define all types of conduct of a public officer that are not regulated by law as more specific crimes. However, such a general incrimination invariably is on the edge of the principle of legality. The aim of this article is to analyse the ways how the crime of abuse of office has been regarded in Romania in the latest years, in connection with the principle of legality.
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Grishin, D. A. "Implementation of the principle of legality in the implementation of the criminal procedure activities." In ТЕНДЕНЦИИ РАЗВИТИЯ НАУКИ И ОБРАЗОВАНИЯ. НИЦ «Л-Журнал», 2019. http://dx.doi.org/10.18411/lj-03-2019-66.
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Bartko, Robert. "THE ENFORCEMENT OF PRINCIPLE ON LEGALITY IN THE HUNGARIAN FIGHT AGAINST THE IRREGULAR MIGRATION." In NORDSCI Conference Proceedings. Saima Consult Ltd, 2021. http://dx.doi.org/10.32008/nordsci2021/b2/v4/25.
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From 2015 Hungary has been permanently affected by the irregular migratory flow, which – already in 2015 - marked a beginning of a new era in the history of European migration. In many European countries, including in Hungary, the public opinion related to irregular migration has forced the legislators to take the necessary and effective measures against it. In Hungary, among others, criminal law has been also in focus. The first step was the construction of the physical border fence, and as a second stage, the Hungarian Parliament adopted the legal framework on its protection. In accordance with this step, new crimes were inserted into the Hungarian Criminal Code, which entered into force in 15 September 2015. These crimes - are called in the Hungarian literature as „crimes against the border barrier” – were the following: unlawful crossing the border barrier, damaging the border barrier and the obstruction on construction work of the border barrier. According to the relevant official statistical data, the number of crimes against the border barrier decreased significantly for the past few years. In contrast to it, the number of the irregular entries or attempts across the border barrier detected by the Hungarian authorities – at least according to the statistical data published by the Hungarian Police Force – are higher than the number of the criminal procedures conducted due to the crimes mentioned. Therefore, the aim of the paper is to present how the principle of „legality” is enforced by the Hungarian authorities concerning the irregular entries and what kind of conclusions can we make according to the criminal-statistical data and to the detected irregular entries. The paper – after presenting the legal background – will analyze the data mentioned above and will try to make legal conclusions and proposals in connection with the fundamental procedural principle mentioned above.
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Mihailov, Tatiana. "HOW TO USE THE ELECTRONIC SIGNATURE WHEN COMPLETING WORK DOCUMENTS." In International Scientific Conference ‘Digitalization of legal deeds in the context of the modernization of public services’. Moldova State University, 2024. http://dx.doi.org/10.59295/daj2022.04.
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The current labor legislation gives a decisive role to the age criterion and conditions the appearance or termination of an employment relationship based on it. And if, in this particular case, the legality of establishing a minimum age for obtaining labour capacity is not in doubt, then establishing at the legislative level an age limit which, once reached, entails to the termination of contractual employment relationship, is to be analyzed in terms of legality and compliance with the non-discrimination principle within the employment relationships.
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Ahmedov, Ruslan, and Yuliya Ivanova. "THE ROLE OF LAW ENFORCEMENT AGENCIES IN ENSURING THE PRINCIPLE OF LEGALITY DURING THE GREAT PATRIOTIC WAR." In Law and law: problems of theory and practice. Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/013-018.
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In 2020, the 75th anniversary of the Victory of the soviet people is celebrated over fascism. An important role in achieving this result in the conditions law enforcement officers also provided wartime assistance. The main purpose of their professional activities was to ensure the implementation of principles of legality.
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Gerloch, Aleš. "Několik poznámek k pojetí a funkčnosti demokratického právního státu v České republice." In Metamorfózy práva ve střední Evropě 2024. University of West Bohemia, Czech Republic, 2024. https://doi.org/10.24132/zcu.metamorfozy.2024.11-16.
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The author analyses selected aspects of the democratic concept of the Czech Republic, expressing the principle of legitimacy, and the legal character of the state, based on the principle of legality. These two approaches are complementary in nature, but sometimes they also collide. The paper also draws attention to extra-institutional elements of contemporary democratic rule of law and to the issue of increasing the effectiveness or functionality of its operation in the changing conditions of the present and of the near future.
Reports on the topic "Principle of legality"
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Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, 2021. http://dx.doi.org/10.54813/uzav2714.
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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
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HEFNER, Robert. IHSAN ETHICS AND POLITICAL REVITALIZATION Appreciating Muqtedar Khan’s Islam and Good Governance. IIIT, 2020. http://dx.doi.org/10.47816/01.001.20.
Full textAbstract:
Ours is an age of pervasive political turbulence, and the scale of the challenge requires new thinking on politics as well as public ethics for our world. In Western countries, the specter of Islamophobia, alt-right populism, along with racialized violence has shaken public confidence in long-secure assumptions rooted in democracy, diversity, and citizenship. The tragic denouement of so many of the Arab uprisings together with the ascendance of apocalyptic extremists like Daesh and Boko Haram have caused an even greater sense of alarm in large parts of the Muslim-majority world. It is against this backdrop that M.A. Muqtedar Khan has written a book of breathtaking range and ethical beauty. The author explores the history and sociology of the Muslim world, both classic and contemporary. He does so, however, not merely to chronicle the phases of its development, but to explore just why the message of compassion, mercy, and ethical beauty so prominent in the Quran and Sunna of the Prophet came over time to be displaced by a narrow legalism that emphasized jurisprudence, punishment, and social control. In the modern era, Western Orientalists and Islamists alike have pushed the juridification and interpretive reification of Islamic ethical traditions even further. Each group has asserted that the essence of Islam lies in jurisprudence (fiqh), and both have tended to imagine this legal heritage on the model of Western positive law, according to which law is authorized, codified, and enforced by a leviathan state. “Reification of Shariah and equating of Islam and Shariah has a rather emaciating effect on Islam,” Khan rightly argues. It leads its proponents to overlook “the depth and heights of Islamic faith, mysticism, philosophy or even emotions such as divine love (Muhabba)” (13). As the sociologist of Islamic law, Sami Zubaida, has similarly observed, in all these developments one sees evidence, not of a traditionalist reassertion of Muslim values, but a “triumph of Western models” of religion and state (Zubaida 2003:135). To counteract these impoverishing trends, Khan presents a far-reaching analysis that “seeks to move away from the now failed vision of Islamic states without demanding radical secularization” (2). He does so by positioning himself squarely within the ethical and mystical legacy of the Qur’an and traditions of the Prophet. As the book’s title makes clear, the key to this effort of religious recovery is “the cosmology of Ihsan and the worldview of Al-Tasawwuf, the science of Islamic mysticism” (1-2). For Islamist activists whose models of Islam have more to do with contemporary identity politics than a deep reading of Islamic traditions, Khan’s foregrounding of Ihsan may seem unfamiliar or baffling. But one of the many achievements of this book is the skill with which it plumbs the depth of scripture, classical commentaries, and tasawwuf practices to recover and confirm the ethic that lies at their heart. “The Quran promises that God is with those who do beautiful things,” the author reminds us (Khan 2019:1). The concept of Ihsan appears 191 times in 175 verses in the Quran (110). The concept is given its richest elaboration, Khan explains, in the famous hadith of the Angel Gabriel. This tradition recounts that when Gabriel appeared before the Prophet he asked, “What is Ihsan?” Both Gabriel’s question and the Prophet’s response make clear that Ihsan is an ideal at the center of the Qur’an and Sunna of the Prophet, and that it enjoins “perfection, goodness, to better, to do beautiful things and to do righteous deeds” (3). It is this cosmological ethic that Khan argues must be restored and implemented “to develop a political philosophy … that emphasizes love over law” (2). In its expansive exploration of Islamic ethics and civilization, Khan’s Islam and Good Governance will remind some readers of the late Shahab Ahmed’s remarkable book, What is Islam? The Importance of Being Islamic (Ahmed 2016). Both are works of impressive range and spiritual depth. But whereas Ahmed stood in the humanities wing of Islamic studies, Khan is an intellectual polymath who moves easily across the Islamic sciences, social theory, and comparative politics. He brings the full weight of his effort to conclusion with policy recommendations for how “to combine Sufism with political theory” (6), and to do so in a way that recommends specific “Islamic principles that encourage good governance, and politics in pursuit of goodness” (8).
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Policy Profile: Access to Information Policy. Inter-American Development Bank, 2010. http://dx.doi.org/10.18235/0008503.
Full textAbstract:
This Policy Profile reaffirms the Bank's commitment to tranparency in all aspects of its operations and demonstrates to its clients, principally the countries of the Region that it serves, that it reflects the best practices that they have adopted in recent years. The Policy Profile stresses the principles of maximizing access to information that the Bank produces that is not on a list of exceptions. Any exceptions to disclosure will be predicated upon the possibility that the potential harm arising from disclosure would outweigh the benefits, or that the Bank is legally obligated to non-disclosure.