Results 241 to 250 of about 9,670 (298)

The Principle of Legality

open access: yes
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’.
Crummey, Conor,
exaly   +4 more sources
Some of the next articles are maybe not open access.

Related searches:

The Principle of Legality

2005
AbstractThis chapter discusses the principle of legality. The version of legality defended here as integral to the Convention system is one that requires official action in a democratic state to be positively authorized by law. It argues that the version of legality found in the European Convention on Human Rights and the Human Rights Act fits with the
Conor Gearty
exaly   +2 more sources

On Legal Principles

Rivista di filosofia del diritto, 2020
The distinction between rules and principles is intuitive, but it’s also hard to explain. All the theories that have tried to draw a distinction between rules and principles show flaws: they work in some cases but not in all. Therefore, they can be valid as rules of thumb, but not as general criteria.
openaire   +2 more sources

THE PRINCIPLE OF LEGALITY

The Cambridge Law Journal, 2020
AbstractThis article examines the principle of legality, a principle of statutory interpretation that requires clear statutory words to oust basic common-law norms. The principle is of growing importance in the Supreme Court's public law jurisprudence, yet it has garnered little scholarly attention.
openaire   +1 more source

Home - About - Disclaimer - Privacy