Legality Principle - Revision history

Ibjadmin at 09:14, 6 December 2010

2010-12-06T09:14:53Z

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	*There should be no ex post facto laws.		*There should be no ex post facto laws.
	*The U.S. Supreme Court has consistently observed that limitations on ex post facto judicial decision-making are inherent in the notion of due process.		*The U.S. Supreme Court has consistently observed that limitations on ex post facto judicial decision-making are inherent in the notion of due process.
	*Laws must be meaningfully precise, or at least not meaninglessly indefinite.		*Laws must be meaningfully precise, or at least not meaninglessly indefinite.

			In tension with the legality principle is the rule that legislative codes should be [[Rule of Fair Import \|reasonably interpreted]] so as not to frustrate the legislative process.

	==International Instruments==		==International Instruments==

Jbraun: /* National Laws */

2010-11-17T13:22:14Z

National Laws

← Older revision		Revision as of 15:22, 17 November 2010
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	More than four-fifths of U.N. members (161 of 192 or about 84%) recognize non-retroactivity of criminal definitions in their constitutions. Over three-quarters (145 of 192 or about 76%) apply non-retroactivity of increased punishments through their constitutions as well.<ref>Kenneth S. Gallant, THE PRINCIPLE OF LEGALITY IN INTERNATIONAL AND COMPARATIVE CRIMINAL LAW, Chapter 7: Legality as a Rule of Customary International Law Today, 2007 (available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=997480).</ref>		More than four-fifths of U.N. members (161 of 192 or about 84%) recognize non-retroactivity of criminal definitions in their constitutions. Over three-quarters (145 of 192 or about 76%) apply non-retroactivity of increased punishments through their constitutions as well.<ref>Kenneth S. Gallant, THE PRINCIPLE OF LEGALITY IN INTERNATIONAL AND COMPARATIVE CRIMINAL LAW, Chapter 7: Legality as a Rule of Customary International Law Today, 2007 (available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=997480).</ref>

			==International Examples==

			===Kenya===

			The principle of legality affords to the accused person the right to be tried and punished only in accordance with an existing law. This principle is set forth in Article 50(2)(n) of the Constitution. It enjoins the State from punishing an act or omission, which was not an offence under Kenyan Law or International laws at the time of the commission or omission.

			Acts or omissions that constitute crimes in Kenya are defined in the Penal Code. For an act or omission to be charged and tried as a crime, the prosecution must be prepared to present evidence proving the existence of each of the elements of the crime. Consequently, a person cannot be punished under a law that:
			* criminalizes conduct that was not criminal at the time it was committed
			* increases the punishment for a crime after its committed
			* decreases the amount of evidence needed to convict
			* that has not been publicized or that is unclear.

Ibjadmin: /* Inherent Tension in the Legality Principle */

2010-06-15T20:32:02Z

Inherent Tension in the Legality Principle

← Older revision		Revision as of 22:32, 15 June 2010
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	*The U.S. Supreme Court has consistently observed that limitations on ex post facto judicial decision-making are inherent in the notion of due process.		*The U.S. Supreme Court has consistently observed that limitations on ex post facto judicial decision-making are inherent in the notion of due process.
	*Laws must be meaningfully precise, or at least not meaninglessly indefinite.		*Laws must be meaningfully precise, or at least not meaninglessly indefinite.

	~~==Inherent Tension in the Legality Principle==~~

	~~There are certain inherent tension in the legality principle. For instance,~~

	==International Instruments==		==International Instruments==

Ibjadmin: /* Inherent Tension in the Legality Principle */

2010-06-15T20:30:26Z

Inherent Tension in the Legality Principle

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 ==Inherent Tension in the Legality Principle==
-'''Family'''
+There are certain inherent tension in the legality principle. For instance,
 ==International Instruments==

Ibjadmin at 20:29, 15 June 2010

2010-06-15T20:29:03Z

@@ Line 9: / Line 9: @@
 *The U.S. Supreme Court has consistently observed that limitations on ex post facto judicial decision-making are inherent in the notion of due process.
 *Laws must be meaningfully precise, or at least not meaninglessly indefinite.
 ==International Instruments==

Ibjadmin: /* Rights of the accused */

2010-06-08T20:27:34Z

Rights of the accused

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 More than four-fifths of U.N. members (161 of 192 or about 84%) recognize non-retroactivity of criminal definitions in their constitutions. Over three-quarters (145 of 192 or about 76%) apply non-retroactivity of increased punishments through their constitutions as well.<ref>Kenneth S. Gallant, THE PRINCIPLE OF LEGALITY IN INTERNATIONAL AND COMPARATIVE CRIMINAL LAW, Chapter 7: Legality as a Rule of Customary International Law Today, 2007 (available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=997480).</ref>
-'''Table of Contents'''
+----
-===Rights/ Protections from Police===
+See [[Rights of the Accused]]
 ==Notes==
 <references/>

Eeichler: /* International Instruments */

2010-06-02T07:58:23Z

International Instruments

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	*Geneva Convention		*Geneva Convention
	**Additional Protocol I to the 1949 Geneva Conventions, art. 75(4)(c)(1977)		**Additional Protocol I to the 1949 Geneva Conventions, art. 75(4)(c)(1977)
	***No one shall be accused or convicted of a criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law to which he was subject at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby		***No one shall be accused or convicted of a criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law to which he was subject at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby.
	**Additional Protocol II to the 1949 Geneva Conventions, art. 6(2)(c)(1977)		**Additional Protocol II to the 1949 Geneva Conventions, art. 6(2)(c)(1977)
	***No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby		***No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby.

	==National Laws==		==National Laws==

Eeichler: /* International Instruments */

2010-06-02T07:57:54Z

International Instruments

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	**Additional Protocol I to the 1949 Geneva Conventions, art. 75(4)(c)(1977)		**Additional Protocol I to the 1949 Geneva Conventions, art. 75(4)(c)(1977)
	***No one shall be accused or convicted of a criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law to which he was subject at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby		***No one shall be accused or convicted of a criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law to which he was subject at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby
	*Additional Protocol II to the 1949 Geneva Conventions, art. 6(2)(c)(1977)		**Additional Protocol II to the 1949 Geneva Conventions, art. 6(2)(c)(1977)
	**No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby		***No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby

	==National Laws==		==National Laws==

Ddemetriou at 13:16, 1 June 2010

2010-06-01T13:16:19Z

← Older revision		Revision as of 15:16, 1 June 2010
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	More than four-fifths of U.N. members (161 of 192 or about 84%) recognize non-retroactivity of criminal definitions in their constitutions. Over three-quarters (145 of 192 or about 76%) apply non-retroactivity of increased punishments through their constitutions as well.<ref>Kenneth S. Gallant, THE PRINCIPLE OF LEGALITY IN INTERNATIONAL AND COMPARATIVE CRIMINAL LAW, Chapter 7: Legality as a Rule of Customary International Law Today, 2007 (available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=997480).</ref>		More than four-fifths of U.N. members (161 of 192 or about 84%) recognize non-retroactivity of criminal definitions in their constitutions. Over three-quarters (145 of 192 or about 76%) apply non-retroactivity of increased punishments through their constitutions as well.<ref>Kenneth S. Gallant, THE PRINCIPLE OF LEGALITY IN INTERNATIONAL AND COMPARATIVE CRIMINAL LAW, Chapter 7: Legality as a Rule of Customary International Law Today, 2007 (available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=997480).</ref>


	== Rights of the accused ==		== Rights of the accused ==

Ddemetriou at 13:02, 1 June 2010

2010-06-01T13:02:48Z

← Older revision		Revision as of 15:02, 1 June 2010
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	=Rights of the ~~Accused~~ =		== Rights of the accused ==

	'''Table of Contents'''		'''Table of Contents'''
			===Rights/ Protections from Police===
	== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
	* [[Confessions]]		* [[Confessions]]
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	* [[Search and Seizure]]		* [[Search and Seizure]]

	== Rights during Detention ==		===Rights during Detention===
	* [[Freedom from Punishment]]		* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
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	* Right to medical care		* Right to medical care

	== Rights at Trial ==		===Rights at Trial===
	* [[Double Jeopardy]]		* [[Double Jeopardy]]
	* [[Legality Principle]]		* [[Legality Principle]]
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	* Right to Trial by Jury		* Right to Trial by Jury

	== Sentencing ==		===Sentencing===
	* [[Death Sentence]]		* [[Death Sentence]]
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
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	* Right Not to be Fined Excessively		* Right Not to be Fined Excessively

	== Rights in Prison ==		===Rights in Prison===

	==Notes==		==Notes==
	<references/>		<references/>