Chapter 5: Modern Comparative Law Development: National Provisions Concerning Legality around the World
Gallant, Kenneth S. THE PRINCIPLE OF LEGALITY IN INTERNATIONAL AND COMPARATIVE CRIMINAL LAW, Cambridge University Press, 2009
58 Pages Posted: 23 Aug 2007 Last revised: 14 Jun 2011
This is Chapter 5 of Kenneth S. Gallant, The Principle of Legality in International and Comparative Criminal Law (Cambridge Univ. Press, 2009).
Chapter 5 examines the constitutional and other legal provisions of the various states around the world to the extent that they deal with legality in criminal law. In a those states with no constitutional provision, other applicable law is considered. This chapter examines prohibitions of retroactivity of crime creation, increases in punishment, creation of new and special courts, and the individual responsibility/collective punishment issue. Three Appendices collect and analyze these provisions from nations worldwide. Appendix A indicates the existence and source of non-retroactivity provisions worldwide. Appendix B collects legality provisions current as of 1946/47, when the United Nations first studied the matter. Appendix C collects legality provisions as they exist around the world today.
The chapter concludes that non-retroactivity of crime creation and increased punishment are so widespread in different domestic legal systems that they constitute general principles of law recognized by the community of nations.
Keywords: criminal law, comparative law, comparative criminal law, international criminal law, legality, retroactivity of criminal law, nullum crimen sine lege, nulla poena sine lege, collective punishment, comparative constitutional law
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