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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’.
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Mapping the Principle of Legality
Abstract This chapter surveys the doctrinal development of the principle of legality in its modern judicial application. It traces the principle’s formulation in early cases involving the rights of prisoners, through its further development in cases involving fundamental common law rights, and more recent cases in which the proper roles ...openaire +3 more sources
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.
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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.
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The geometry of legal principles
Theory and Decision, 1991We discuss several possible legal principles from the standpoint of Bayesian decision theory. In particular, we show that a compelling legal principle implies compatibility with decisions based on maximizing the expected utility.
CHUAQUI, R, MALITZ, J
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The ‘Expiscation’ of Legal Principles
2023Abstract This chapter deals with one way in which courts are said to rely on precedent: they sometimes look at a string of previously decided cases and seek to ‘extract’ or ‘induce’ or ‘expiscate’—the language used to describe the move varies—a principle that underlies them.
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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
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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
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Description of Basic Mining Legal Principles
2013The Federal Mining Act manages access, via the system of mining concessions, to areas free for mining natural resources that do not belong to the surface property and deposits' owner. These cover especially important natural resources for the economy, including coal, ore, salt, crude oil and natural gas, and also terrestrial heat. For mining operations
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General Principles of Legal Research
Legal Reference Services Quarterly, 2020Having worked for years to distill aspects of the legal research process down to a set of core principles, the author presents a selection, with commentary, for use by instructors in introductory r...
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Legal Principles of Family Taxation
Journal of Russian Law, 2016The article focuses on the tax legal basis for family policy realization in Russia. The subject of the research is the principles of family taxation, their definition and implementation in the domestic legislation. Russian tax legislation is based on individual taxation of physical persons’ income.
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