The
Principle of Legality is a legal ideal
that requires
all law to be clear, ascertainable and
non-retrospective.
It requires decision makers to resolve
disputes by applying
Legality rules that have been declared
beforehand,
and not to alter the legal situation
retrospectively by
discretionary departures from established
law. It is closely
related to Legality formalism and the
rule of law and
can be traced from the writings of
Feuerbach, Dicey and
Montesquieu.
The
principle has particular relevance in
criminal and administrative
law. In criminal law it can be seen in the
general prohibition
on the imposition of criminal sanctions
for acts or omissions
that were not criminal at the time of
their commission
or omission. The principle is also thought
to be violated
when the sanctions for a particular crime
are increased
Legality
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The
principle can be varyingly expressed in
Latin phrases
such as Nullum crimen, nulla poena sine
praevia lege poenali
(No crime can be committed, nor punishment
imposed without
a pre-existing penal law), nulla poena
sine lege Legality
and nullum crimen sine lege (no crime
without law).
The principle can be varyingly expressed in Latin phrases such as Nullum crimen,
