Editorial - Law Should Govern: Aspiring General Principles for Transnational Criminal Justice

10 Pages Posted: 2 Oct 2013

See all articles by Sabine Gless

Sabine Gless

University of Basel

John A.E. Vervaele

Utrecht University - School of Law

Date Written: September 26, 2013

Abstract

‘Law should govern’ reads Aristotle’s apodictic phrase in Politics 3.16 – a phrase which has gone on to form a core aspect of the rule of law. Consequently, justice systems abide by the maxim that disputes are to be settled by impartial and independent courts following predefined procedures and thereby ensuring equality before the law. To abide by these principles is particularly important in the field of criminal justice, because criminal proceedings affect the individual – be it the alleged wrongdoer or the supposed victim – as well as the wider society. Criminal investigations, prosecutions and subsequent trials must closely follow precise procedures, balancing the different interests at stake whilst adhering to general principles of law. This is crucial not only for the protection of the interests of the individuals involved but also necessary in order to safeguard the common interest in securing adherence to the law by government officials and thus upholding political and judicial accountability. These explanations might sound mundane to a community accustomed to the achievements of well-established national criminal justice systems based on coherent procedural rules and their efficient application.

Suggested Citation

Gless, Sabine and Vervaele, John A.E., Editorial - Law Should Govern: Aspiring General Principles for Transnational Criminal Justice (September 26, 2013). Utrecht Law Review, Vol. 9, No. 4, p. 1-10, September 2013. Available at SSRN: https://ssrn.com/abstract=2334620

Sabine Gless (Contact Author)

University of Basel ( email )

Petersplatz 1
Basel, CH-4003
Switzerland

John A.E. Vervaele

Utrecht University - School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

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