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Books on the topic 'Principle of legality'

Author: Grafiati

Published: 4 June 2021

Last updated: 16 June 2025

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1

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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3

G, Ramcharan B., ed. The principle of legality in international human rights institutions: Selected legal opinions. M. Nijhoff Publishers, 1997.

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4

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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5

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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6

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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7

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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8

Peristeridou, Christina. Principle of Legality in European Criminal Law. Intersentia Limited, 2015.

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9

Groves, Matthew, Mathew Groves, and Daniel Meagher. Principle of Legality in Australia and New Zealand. Taylor & Francis Group, 2017.

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10

Gallant, Kenneth S. Principle of Legality in International and Comparative Criminal Law. Cambridge University Press, 2009.

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11

Gallant, Kenneth S. Principle of Legality in International and Comparative Criminal Law. Cambridge University Press, 2009.

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12

Gallant, Kenneth S. Principle of Legality in International and Comparative Criminal Law. Cambridge University Press, 2010.

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13

Gallant, Kenneth S. Principle of Legality in International and Comparative Criminal Law. Cambridge University Press, 2009.

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14

Gallant, Kenneth S. Principle of Legality in International and Comparative Criminal Law. Cambridge University Press, 2008.

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15

Gallant, Kenneth S. Principle of Legality in International and Comparative Criminal Law. Cambridge University Press, 2009.

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16

The Eclipse Of The Legality Principle In The European Union. Kluwer Law International, 2010.

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17

Sánchez, Juan Antonio Lascuraín, Mercedes Pérez Manzano, and Marina Mínguez Rosique. Multilevel Protection of the Principle of Legality in Criminal Law. Springer, 2018.

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18

Sánchez, Juan Antonio Lascuraín, Mercedes Pérez Manzano, and Marina Mínguez Rosique. Multilevel Protection of the Principle of Legality in Criminal Law. Springer, 2017.

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19

The principle of legality in international and comparative criminal law. Cambridge University Press, 2008.

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20

Hallevy, Gabriel. A Modern Treatise on the Principle of Legality in Criminal Law. Springer, 2014.

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21

A modern treatise on the principle of legality in criminal law. Springer, 2010.

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22

The right to personal safety and the principle of legality in the sharīʻah. Islamic Research Institute, International Islamic University, 2001.

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23

Darcy, Shane. The Principle of Legality at the Crossroads of Human Rights and International Criminal Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190272654.003.0012.

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This chapter explores the treatment of the principle of legality in international criminal law, in particular the rule against ex post facto application of criminal laws, as enshrined in human rights law. It demonstrates that a broadly liberal interpretation of nullum crimen has facilitated judicial creativity and the development of international criminal law by international courts and tribunals. The chapter begins with a general discussion of the principle of legality under international law, before turning to a consideration of the treatment of the principle at Nuremberg and the ad hoc international criminal tribunals for Rwanda and the former Yugoslavia. The final section of the chapter turns to the European Court of Human Rights and examines how it has addressed the rule of non-retroactivity in the context of national prosecutions of international crimes, in particular in Kononov v. Latvia.

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24

Manusama, Kenneth. United Nations Security Council in the Post-Cold War Era: Applying the Principle of Legality. BRILL, 2006.

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25

Martyn, Georges, Anthony Musson, and Heikki Pihlajamäki, eds. From the Judge's Arbitrium to the Legality Principle. Legislation as a Source of Law in Criminal Trials. Duncker & Humblot, 2013. http://dx.doi.org/10.3790/978-3-428-54018-1.

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26

From the judge's Arbitrium to the legality principle: Legislation as a source of law in criminal trials. Duncker & Humblot, 2013.

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27

Ramcharan, B. The Principle of Legality in International Human Rights Institutions:Selected Legal Opinions (Raoul Wallenberg Institute Human Rights Library, Vol 3). Springer, 1997.

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28

Timmerman, Mikhel. Legality in Europe: On the Principle Nullum Crimen, Nulla Poena Sine Lege in EU Law and under the Echr. Intersentia Limited, 2018.

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29

Manusama, Kenneth. The United Nations Security Council in the Post-Cold War Era: Applying the Principle of Legality (Legal Aspects of International Organization). Martinus Nijhoff, 2006.

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30

Kreß, Clause. The International Court of Justice and the ‘Principle of Non-Use of Force’. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0026.

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This chapter examines how the ICJ has interpreted UN Charter provisions on use of force in international relations. It outlines ICJ jurisprudence covering use of force by focusing on prohibition of use of force, exceptions to that prohibition, and prohibition of the threat of force. It cites cases from Corfu Channel (1949) to Nicaragua (1986); Legality of the Threat or Use of Nuclear Weapons (1996); Case Concerning Oil Platforms (2003) pitting Iran against the US; Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004); and Case Concerning Armed Activities on the Territory of the Congo (2005). The chapter opines that the Court was remarkably successful in clarifying the law and influencing state practice according to its interpretations. Finally it suggests that the ICJ should avoid too much prohibitive rigour in clarifying the important remaining grey areas of the international law on the use of force.

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31

Eisenberg, Melvin A. Four Underlying Principles of Contract Law and the Foundational Contract-Law Standard. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199731404.003.0003.

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Chapter 3 develops four underlying principles of contract law and the foundational contract law standard. Under the most fundamental principle of contract law the aim of contract law should be to effectuate the objectives of parties to promissory transactions, provided that appropriate policy and moral conditions, such as freedom from duress and fraud, are satisfied, and subject to appropriate constraints, such as capacity and legality. The normative theory of contract law, taken together with the four underlying principles described in this chapter, comprise the foundational contract-law standard. Contract-law rules that are supported by the foundational standard are justified. Contract-law rules that are not so supported are unjustified.

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32

William A, Schabas. Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.22 Nullum crimen sine lege. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0027.

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This chapter comments on Article 22 of the Rome Statute of the International Criminal Court. According to the ‘principle of legality’, a person may not be punished if incriminating acts, when they were committed, were not prohibited by law. The rule is one of the rare provisions set out as a non-derogable norm in all of the major human rights conventions. Article 22 is the first of three provisions dealing with issues of retroactivity. A Trial Chamber explained that ‘[r]ead together, these three provisions pertain to the substantive law, such as the crimes set out in Articles 5 to 8bis of the Statute. The principle of non-retroactivity is more applicable to matters of substance than to those of procedure’.

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33

de Sadeleer, Nicolas. Environmental Principles. 2nd ed. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844358.001.0001.

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This book traces the evolution of environmental principles from their origins as vague political slogans reflecting fears about environmental hazards to their embodiment in enforceable laws. Since the early 1970s environmental issues have taken on an ever increasing profile. This has been due in part to a fundamental change in the type and scale of risk posed by industry. Issues such as global warming, GM food, and BSE typify the new kinds of risk: potentially catastrophic consequences could ensue yet there is no scientific agreement over their precise causation, duration, and other concerns. Environmental law has always responded to risks posed by industrial society but the new generation of risks have required a new set of environmental principles, emerging from a combination of public fears, science, ethics, and established legal practice. This book shows how three of the most important principles of modern environmental law grew out of this new age of ecological risk: the polluter-pays principle, the preventive principle, and the precautionary principle. The author examines the legal force of these principles and in the process offers a novel theory of norm formation in environmental law by unearthing new grounds of legality, comparing environmental laws across Europe, the Unites States, and Australia. The book will be of interest to all with an interest in environmental law and policy, in the relationship between law and science, and in the ways in which political and ethical values can become embodied in laws.

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34

William A, Schabas. Part 3 General Principles of Criminal Law: Principes Généraux Du Droit Pénal, Art.24 Non-retroactivity ratione personae /Non-rétroactivité ratione personae. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739777.003.0029.

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This chapter comments on Article 24 of the Rome Statute of the International Criminal Court. Preceded by two provisions that entrench two Latin maxims described collectively as the principle of legality, article 24 completes the treatment of the subject in Part 3 of the Rome Statute. Article 24 promises the accused that if there is a change in the law applicable to a given case prior to a final judgment, ‘the law more favourable shall apply’. However, this rule giving the defendant the benefit of the ‘more favourable’ provision is not without difficulties. It is not always a simple manner to determine which rule is in fact more favourable. Moreover, there may be an important element of subjectivity, in that individuals may differ in their assessment.

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35

Ki-Gab, Park. Part 1 The Cold War Era (1945–89), 6 The U-2 Incident—1960. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0006.

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This chapter examines the aerial incident between the US and URSS that occurred on May 1960: an unauthorized incursion into Soviet airspace by a US reconnaissance plane U-2. This incident led to a serious international dispute. This chapter explains the relevant facts and context of the dispute. It then analyzes the position of the main protagonists and reactions of third states and international organizations, especially those expressed in UN Security Council debates. It deals with three main questions of legality, namely espionage, principle of sovereignty over air space and definition of aggression. The U-2 incident confirms that in order to protect its aerial sovereignty, a state is in principle permitted to use force in the face of an unauthorized incursion by a foreign military aircraft.

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36

White, Nigel D. The Relationship between the Un Security Council and General Assembly in Matters of International Peace and Security. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0014.

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This chapter examines the division of competence between the UN Security Council and the UN General Assembly concerning matters of international peace and security but placed within the context of the prohibition on the use of force. Although the Security Council can authorize the use of force by states, what is not clear is whether the General Assembly can recommend that states take military action. The chapter considers the conundrum faced by the United Nations with respect to an imminent and catastrophic use of force or act of egregious violence, when the UN Security Council is deadlocked because of the lack of agreement between the permanent members. It discusses the debate over the legality of the (in)famous Uniting for Peace Resolution of 1950 within the context of the emerging principle of a Responsibility to Protect (R2P) as well as within existing principles of international law.

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37

Heintschel von Heinegg, Wolff. Blockades and Interdictions. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0044.

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This chapter examines the rules and principles that govern a naval or aerial blockade or some other form of interference with foreign vessels and aircraft in the absence of an explicit authorization by the UN Security Council. After clarifying the concept of blockade under the jus ad bellum and the jus in bello, it considers blockades authorized as military enforcement measures. It also discusses some unresolved or even contested issues regarding the legality of blockades, with reference to blockades in situations other than international armed conflict and the principle of proportionality in relation to humanity. The scope of interdiction operations and its legal bases under international treaties are analysed next, together with maritime interdiction operations and the applicability of prize law during non-international armed conflicts. Finally, the chapter explores the right of individual or collective self-defence as a basis for interdiction operations.

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38

Carissima, Mathen. Part V Rights and Freedoms, A Litigating and Interpreting the Charter, Ch.30 Access to Charter Justice. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780190664817.003.0030.

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This chapter discusses how Canadian constitutional issues come before the courts. Its primary focus is on litigation arising under the Charter of Rights and Freedoms. Since the entrenchment of the Canadian Charter in 1982, traditional legal process doctrines, such as standing, intervention, costs, and reference opinions have seen significant expansion. Though initially cautious, Canadian courts have recognized that the ability to initiate constitutional claims is integral to the principle of legality. The mechanisms by which constitutional issues are judicially reviewed, and decisions regarding who may participate and how such litigation may be supported, are crucial determinants of substantive constitutionalism in Canada.

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39

Kilpatrick, Claire, and Joanne Scott, eds. Contemporary Challenges to EU Legality. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898050.001.0001.

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This volume explores contemporary challenges to EU legality, including actions or activities that cast doubt on, or sit uncomfortably with, the premises, principles, and norms that underpin the EU’s legal order as proclaimed by the Treaties and the authoritative judgments of the Court of Justice of the European Union (CJEU). These premises, principles, and norms range from the precisely formulated to the noticeably vague. The book develops a broader theoretical perspective as well as delving into a range of substantive areas including the Common Foreign and Security Policy (CFSP), the EU’s relationship with international law, migration, human rights, the sovereign debt crisis, and Brexit.

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40

Craig, Paul, and Gráinne de Búrca. 14. Review of Legality:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0014.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The EU develops policy through regulations, directives, and decisions. Any developed legal system must have a mechanism for testing the legality of such measures. This chapter focuses on access to justice and review of legality by the EU Courts. There are a number of ways in which EU norms can be challenged, but the principal Treaty provision is Article 263 of the Treaty on the Functioning of the European Union (ex Article 230 EC). Five conditions must be satisfied before an act can successfully be challenged: (i) the relevant body must be amenable to judicial review; (ii) the act has to be of a kind that is open to challenge; (iii) the institution or person making the challenge must have standing to do so; (iv) there must be illegality of a type mentioned in Article 263(2); and (v) the challenge must be brought within the time limit indicated in Article 263(6).

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41

Chakkalakal, Tess. “A Legally Unmarried Race”. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036330.003.0005.

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This chapter examines the tension between slavery and freedom that distinguishes the form of Frances Harper's fiction. Harper's antislavery activism went hand in hand with her critique of marriage, so that—following abolition—her critique took a not unexpected turn toward racial uplift. By examining the significance of Harper's principle of marriage as “an affinity of souls” in relation to the abolitionist principles she espoused, this chapter examines her rediscovered stories first published in the Christian Recorder. These stories reveal a tension between the material benefits and spiritual costs of marriage, particularly to the public aspirations of her female heroes. Understanding the broad scope of her fiction allows readers to grasp the precariousness of Harper's political position as a free, black, and unmarried woman in the mid-nineteenth century.

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42

Daniel, Franchini, and Tzanakopoulos Antonios. Part 2 The Post-Cold War Era (1990–2000), 47 The Kosovo Crisis—1999. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0047.

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This contribution discusses the forcible intervention by NATO against Serbia in 1999 in response to the situation in Kosovo. It sets out the facts and background of the crisis, along with the legal positions of the main protagonists and the reactions of the international community. It then proceeds to survey the debates surrounding the legality of the intervention and to assess the soundness of the legal justifications put forward by states and authors. Finally, it discusses the precedential value of the intervention, especially in view of claims of the existence or emergence of a rule or principle of international law permitting the unilateral use of force in response to humanitarian crises. The contribution concludes that the NATO intervention has significant precedential value in that it confirms the unlawfulness of forcible unilateral humanitarian intervention.

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43

La Legalite, un principe a geometrie variable (Collection genevoise). Faculte de droit de Geneve, 1992.

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44

Foran, Michael P. Equality Before the Law. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509964970.

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This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to anti-discrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality – understood as collective flourishing – without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution. Hart Studies in Constitutional Theory: Volume 6

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45

O’Connell, Mary Ellen, and Caleb Day. Sources and the Legality and Validity of International Law. Edited by Samantha Besson and Jean d’Aspremont. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198745365.003.0027.

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This chapter posits that international law, like all law, can be understood as a hybrid of positive and natural law. The history of natural law from Ancient Greece to today’s global community reveals that the method used for centuries to explain extra-positive features of law consists of three integral elements. The method uses reason, reflection on nature, and openness to transcendence. Certain contemporary natural law theorists, however, prefer to focus on reason and nature alone. Yet, the history of natural law thinking shows that transcendence is integral to the method. History also reveals that religion is not the only avenue to transcendence. Transcendence completes a natural law method capable of explaining persuasively why law binds in general and why certain principles are superior to positive law.

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46

Johnson, Enedino. Simple Guide to Understand the Principles of Ethical Hacking: Legality of Ethical Hacking. Independently Published, 2022.

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47

Jeffrey, Goldsworthy. 3 Australia: Devotion to Legalism. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199226474.003.0004.

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The Commonwealth of Australia is a federation of six states, whose constitution was enacted by the United Kingdom Parliament in 1900, when Australia was part of the British Empire. The six states had previously been separate British colonies, each with its own constitution that continued in force after 1900, although subject to the new federal constitution. The authority of the United Kingdom Parliament to change Australian law was not formally terminated until 1986, when the Australia Act was passed by both the United Kingdom and the Commonwealth Parliaments. The fundamental documents of Australian constitutional law therefore comprise the federal constitution, the Australia Act, and the six state constitutions. This chapter looks at Australia's constitution and its origins and structure, judicial interpretation of the federal constitution, judicial review, High Court and its judges, problems and methods of constitutional interpretation, causes of interpretive difficulties, sources of interpretive principles, current interpretive methodology, extrinsic evidence of framers' intentions and purposes, ‘structural’ principles and implications, separation of powers, balance between legitimate and illegitimate creativity, and institutional and cultural factors underlying constitutional interpretation.

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48

Dierenfield, Bruce J., and David A. Gerber. Disability Rights and Religious Liberty in Education. University of Illinois Press, 2020. http://dx.doi.org/10.5622/illinois/9780252043208.001.0001.

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In 1988, Sandi and Larry Zobrest became agents in the struggle for disability rights when they sued a suburban Tucson, Arizona, school district to obtain public funding for the signed language interpreter their deaf son Jim needed in high school. Such funding would have been unproblematic under the Education for All Handicapped Children Act (later retitled the Individuals with Disabilities Education Act) if Jim went to a public high school, but they were intent on his attending a Roman Catholic school. The law was unclear on the legality of public money assisting students with disabilities to attend religiously affiliated schools, but it had long been a general principle of interpretation of the Establishment Clause of the First Amendment in the U.S. Supreme Court that governments must be cautious about dispensing public resources to religious institutions. Their successful lawsuit represents a classic American clash of rights. This history of the Zobrests’ lawsuit begins well before they went to court. The narrative extends back to Jim’s birth in 1974, a pediatrician’s diagnosis of deafness, and the efforts of his parents, who are not deaf, to seek resources for their son’s education prior to high school. It analyzes their desire to mainstream Jim for preparation for life in the hearing world, not in the Deaf community, and the succession of choices they made to that end.

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49

Legally speaking: 40 powerful presentation principles lawyers need to know. Kaplan Pub., 2009.

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50

Legally Speaking: 40 Powerful Presentation Principles Lawyers Need to Know. Miranda Publishing, LLC, 2002.

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