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The principle of legality

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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The Common Law Principle of Legality

Alternative Law Journal, 2013
In this age of statutes and human rights the common law principle of legality has assumed a central importance. The principle holds that '[u]nless the Parliament makes unmistakably clear its intention to abrogate or suspend a fundamental freedom, the courts will not construe a statute as having that operation.' This development has occurred throughout
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On the Structure of Legal Principles

Ratio Juris, 2000
The author offers a sketch of his thesis that legal principles are optimization commands. He presents this thesis as an effort to capture the structure of weighing or balancing and to provide a basis for the principle of proportionality as it is applied in constitutional law. With this much in place, he then takes up some of the problems that have come
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The Principle of Legal Certainty

Lobbying in the Legislative Process
The article analyzes the principle of legal certainty, which is the subject of consideration not only of the legal doctrine, but also of the Constitutional Court of Russia, as well as international judicial bodies. A legal norm should have a concretized expression, but in a number of cases, the specificity of the normative material is either difficult ...
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Principles of the legal regulation of attorney fees

2006
Attorney fees in Germany are generally regulated on the basis of a client–attorney contract, which is normally a contract for services (Dienstvertrag in the form of a Geschaftsbesorgungsvertrag), as defined by Section 675 of the German Civil Code [Burgerliches Gesetzbuch (BGB)].
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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 ...
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The principle of legality in the legal process (historical and legal aspect)

Law, Economics and Management
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 ...
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The Erosion of Legal Principles in the Creation of Legal Policies

Ethics, 1974
There is a tendency on the part of well-meaning people to rectify inequities in social life. In a democratic society, some seek to change the laws so that those who have been at a social and economic disadvantage may enjoy an enforceably favored status.
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Hart and the Principles of Legality

2008
AbstractThis chapter contends that Hart in some portions of his work relies upon an understanding of the fundamental principles of legality as moral principles, even though Hart elsewhere insists that the principles of legality are morally neutral. It redefends the position of Lon Fuller in the debates between Hart and Fuller that took place several ...
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The Evolution of Core Legal Principles

2018
The purpose of this chapter is to gain a sense of the trajectory of international law into the twenty-first century. Such a task cannot be effectively undertaken by an empirical measure of the volume of rules, institutions, and court rulings that make up the corpus of international law. The core principles of international law provide the foundation on
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