2. The principle of legality
2. The principle of legality
- Antonio Cassese,
- Paola Gaeta,
- Laurel Baig,
- Mary Fan,
- Christopher Gosnell
- and Alex Whiting
Abstract
This chapter begins with a discussion of how national legal systems tend to embrace and ground their criminal law lies on, with respecct to either the doctrine of substantive justice or that of strict legality. It then covers the principle of legality in civil law and in common law countries; the principle of legality in international criminal law; articulations of the principle of legality; and the principle of legality of penalties.
