The Principle of Legality in International and Comparative Criminal Law PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Principle of Legality in International and Comparative Criminal Law PDF full book. Access full book title The Principle of Legality in International and Comparative Criminal Law by Kenneth S. Gallant. Download full books in PDF and EPUB format.
Author: Kenneth S. Gallant Publisher: ISBN: 9781107200692 Category : Criminal jurisdiction Languages : en Pages : 603
Book Description
This 2009 text was the first modern book-length study of the status of legality in international criminal law, international human rights law, and comparative law.
Author: Kenneth S. Gallant Publisher: ISBN: 9781107200692 Category : Criminal jurisdiction Languages : en Pages : 603
Book Description
This 2009 text was the first modern book-length study of the status of legality in international criminal law, international human rights law, and comparative law.
Author: Kenneth S. Gallant Publisher: ISBN: 9780511475948 Category : Criminal jurisdiction Languages : en Pages : 603
Book Description
This 2009 text was the first modern book-length study of the status of legality in international criminal law, international human rights law, and comparative law.
Author: Kenneth S. Gallant Publisher: Cambridge University Press ISBN: 9780521187602 Category : Political Science Languages : en Pages : 0
Book Description
This book fills a major gap in the scholarly literature concerning international criminal law, comparative criminal law, and human rights law. The principle of legality (non-retroactivity of crimes and punishments and related doctrines) is fundamental to criminal law and human rights law. Yet this is the first book-length study of the status of legality in international law - in international criminal law, international human rights law, and international humanitarian law. This is also the first book to survey legality/non-retroactivity in all national constitutions, developing the patterns of implementation of legality in the various legal systems (e.g., Common Law, Civil Law, Islamic Law, Asian Law) around the world. This is a necessary book for any scholar, practitioner, and library in the area of international, criminal, comparative, human rights, or international humanitarian law.
Author: Kenneth S. Gallant Publisher: ISBN: Category : Languages : en Pages :
Book Description
This Introduction and Chapter 1 of a book, Kenneth S Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press 2009).Chapter 1 introduces the issues raised by the principles of nullum crimen sine lege and nulla poena sine lege, which are the core of the principle of legality in criminal law. It also raises a few other issues of legality in criminal law. It discusses the relationship of legality and retroactivity in criminal law to issues of the rule of law more generally. It discusses both the human rights and criminal law purposes of legality. The emphasis is not only on the prior existence of a criminal law, but of a criminal law that was applicable to the actor at the time of the alleged crime. Finally, this chapter addresses several doctrines and views which could cause erosion or rejection of the principle of legality, including judicial crime creation, expansive interpretation of criminal statutes, analogy, the view that language - and hence criminal law - is always indeterminate, and the lure of authoritarianism.
Author: Kenneth S. Gallant Publisher: ISBN: Category : Languages : en Pages :
Book Description
This is a Chapter 2 of Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press, 2009).Chapter 2 briefly reviews the history of the principle of legality in criminal law up to World War I, drawing material from common law, civil law, Islamic law, and a few other sources. Then it covers interwar events, focusing on the German abandonment of the principle in the 1930's and the international legal reaction.
Author: Kenneth S. Gallant Publisher: ISBN: Category : Languages : en Pages : 36
Book Description
This is Chapter 7 and Conclusion of a book, Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press, 2009), now available at www.cambridge.org and other booksellers.Chapter 7 demonstrates that both nullum crimen and nulla poena (in reasonably strong - though not the strongest - forms) have become rules of customary international law which bind both states and international organizations. They apply as binding customary and treaty international human rights protections to prosecutions brought under both national and international criminal law, and in both national and international tribunals. It shows how the principles of notice, foreseeability and accessibility of law can provide a working definition of non-retroactivity of crimes and punishments, even though language itself always has some indeterminacy. This chapter demonstrates, contrary to views popular in some circles, that nullum crimen and nulla poena (the prohibitions of retroactive crime creation or increases in punishments) truly apply in international criminal law.
Author: Gerhard Werle Publisher: Oxford University Press ISBN: 0198703597 Category : Law Languages : en Pages : 711
Book Description
Principles of International Criminal Law is one of the leading textbooks in the field. This third edition builds on the highly-successful work of the previous editions, setting out the general principles governing international crimes as well as the fundamentals of both substantive and procedural international criminal law.
Author: Marina Aksenova Publisher: Bloomsbury Publishing ISBN: 1509900098 Category : Law Languages : en Pages : 297
Book Description
This book tackles one of the most contentious aspects of international criminal law – the modes of liability. At the heart of the discussion is the quest for balance between the accused's individual contribution and the collective nature of mass offending. The principle of legality demands that there exists a well-defined link between the crime and the person charged with it. This is so even in the context of international offending, which often implies 'several degrees of separation' between the direct perpetrator and the person who authorises the atrocity. The challenge is to construct that link without jeopardising the interests of justice. This monograph provides the first comprehensive treatment of complicity within the discipline and beyond. Extensive analysis of the pertinent statutes and jurisprudence reveals gaps in interpreting accessorial liability. Simultaneously, the study of complicity becomes a test for the general methods and purposes of international criminal law. The book exposes problems with the sources of law and demonstrates the absence of clearly defined sentencing and policy rationales, which are crucial tools in structuring judicial discretion. Awarded The Paul Guggenheim Prize in International Law 2017!
Author: Farhad Malekian Publisher: BRILL ISBN: 9004203966 Category : Law Languages : en Pages : 477
Book Description
The goal of this book is to minimize the misunderstandings and conflicts between International law and Islamic law. The objective is to bring peace into justice and justice into peace for the prevention of violations of human rights law, humanitarian law, international criminal law, and impunity.
Author: Kenneth S. Gallant
Author: Kenneth S. Gallant
Author: Kenneth S. Gallant
Author: Kenneth S. Gallant
Author: Kenneth S. Gallant
Author: Kenneth S. Gallant
Author: Kenneth S. Gallant
Author: Gerhard Werle
Author: Marina Aksenova
Author: Farhad Malekian
Author: Georges Martyn