The Principle Of Legality In International And Comparative Criminal Law
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The Principle Of Legality In International And Comparative Criminal Law
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Author : Kenneth S. Gallant
language : en
Publisher:
Release Date : 2011
The Principle Of Legality In International And Comparative Criminal Law written by Kenneth S. Gallant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Criminal jurisdiction categories.
The Principle Of Legality In International And Comparative Criminal Law
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Author : Kenneth S. Gallant
language : en
Publisher:
Release Date : 2009
The Principle Of Legality In International And Comparative Criminal Law written by Kenneth S. Gallant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Criminal jurisdiction categories.
This 2009 text was the first modern book-length study of the status of legality in international criminal law, international human rights law, and comparative law.
The Principle Of Legality In International And Comparative Criminal Law Chapter 7
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Author : Kenneth S. Gallant
language : en
Publisher:
Release Date : 2011
The Principle Of Legality In International And Comparative Criminal Law Chapter 7 written by Kenneth S. Gallant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.
This is Chapter 7 and Conclusion of a book, Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press, 2009), now available at www.cambridge.org and other booksellers.Chapter 7 demonstrates that both nullum crimen and nulla poena (in reasonably strong - though not the strongest - forms) have become rules of customary international law which bind both states and international organizations. They apply as binding customary and treaty international human rights protections to prosecutions brought under both national and international criminal law, and in both national and international tribunals. It shows how the principles of notice, foreseeability and accessibility of law can provide a working definition of non-retroactivity of crimes and punishments, even though language itself always has some indeterminacy. This chapter demonstrates, contrary to views popular in some circles, that nullum crimen and nulla poena (the prohibitions of retroactive crime creation or increases in punishments) truly apply in international criminal law.
The Principle Of Legality In International And Comparative Criminal Law Introduction Chapter 1
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Author : Kenneth S. Gallant
language : en
Publisher:
Release Date : 2012
The Principle Of Legality In International And Comparative Criminal Law Introduction Chapter 1 written by Kenneth S. Gallant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
This Introduction and Chapter 1 of a book, Kenneth S Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press 2009).Chapter 1 introduces the issues raised by the principles of nullum crimen sine lege and nulla poena sine lege, which are the core of the principle of legality in criminal law. It also raises a few other issues of legality in criminal law. It discusses the relationship of legality and retroactivity in criminal law to issues of the rule of law more generally. It discusses both the human rights and criminal law purposes of legality. The emphasis is not only on the prior existence of a criminal law, but of a criminal law that was applicable to the actor at the time of the alleged crime. Finally, this chapter addresses several doctrines and views which could cause erosion or rejection of the principle of legality, including judicial crime creation, expansive interpretation of criminal statutes, analogy, the view that language - and hence criminal law - is always indeterminate, and the lure of authoritarianism.
The Principle Of Legality In International And Comparative Criminal Law Chapter 2
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Author : Kenneth S. Gallant
language : en
Publisher:
Release Date : 2012
The Principle Of Legality In International And Comparative Criminal Law Chapter 2 written by Kenneth S. Gallant and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
This is a Chapter 2 of Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press, 2009).Chapter 2 briefly reviews the history of the principle of legality in criminal law up to World War I, drawing material from common law, civil law, Islamic law, and a few other sources. Then it covers interwar events, focusing on the German abandonment of the principle in the 1930's and the international legal reaction.
The Principle Of Legality In International And Comparative Criminal Law
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Author : Kenneth S. Gallant
language : en
Publisher: Cambridge University Press
Release Date : 2010-12-23
The Principle Of Legality In International And Comparative Criminal Law written by Kenneth S. Gallant and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with Political Science categories.
This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.
Multilevel Protection Of The Principle Of Legality In Criminal Law
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Author : Mercedes Pérez Manzano
language : en
Publisher: Springer
Release Date : 2017-10-24
Multilevel Protection Of The Principle Of Legality In Criminal Law written by Mercedes Pérez Manzano and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-24 with Law categories.
This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Río Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.
A Modern Treatise On The Principle Of Legality In Criminal Law
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Author : Gabriel Hallevy
language : en
Publisher: Springer Science & Business Media
Release Date : 2010-09-09
A Modern Treatise On The Principle Of Legality In Criminal Law written by Gabriel Hallevy and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-09-09 with Law categories.
This book is a scientific treatise on the principle of legality in criminal law. It explores the relation between the principle of legality and the general theory of criminal law and contains definite rules emphasized for practitioners as well as academia.
Individual Criminal Responsibility For The Financing Of Entities Involved In Core Crimes
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Author : Laura Ausserladscheider Jonas
language : en
Publisher: BRILL
Release Date : 2021-12-28
Individual Criminal Responsibility For The Financing Of Entities Involved In Core Crimes written by Laura Ausserladscheider Jonas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-28 with Law categories.
Anchored by the normative framework, this book aims to clarify the basis for individual criminal liability for persons who finance entities that perpetrate core crimes. The objective of this monograph is to clarify the rules to enable international courts and tribunals to identify the extent to which individual criminal liability attaches to the financing of core crimes, as well as the legal basis for such liability. By clarifying the criminal liability of individual who finance entities that perpetrate core crimes, this book also seeks to clarify the mental elements of the mode of liability of aiding and abetting. This is achieved through a thorough analysis of the applicable rules in the international arena, as well as through the comparative analysis.
General Principles Of Law The Role Of The Judiciary
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Author : Laura Pineschi
language : en
Publisher: Springer
Release Date : 2015-06-22
General Principles Of Law The Role Of The Judiciary written by Laura Pineschi and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-22 with Law categories.
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.