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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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The Principle of Legal Certainty as a Principle of Economic Efficiency
SSRN Electronic Journal, 2013Legal certainty, a feature of the rule of law, constitutes a requirement for the operational necessities of market interactions. But, the compatibility of the principle of legal certainty with ideals such as liberalism and free market economy must not lead to the hastened conclusion that therefore the principle of legal certainty would be compatible ...
Aurelien Portuese +2 more
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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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The Common Law Principle of Legality
Alternative Law Journal, 2013In 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, 2000The 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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