Legality principle

Question 1

Lex Scripta

Answer 1

Criminal law only based on written statutes

Question 2

Lex Certa

Answer 2

Law must be written in an understandable manner so that citizens know what is prohibited

Question 3

Lex Stricta

Answer 3

Prohibits extensive judicial interpretation - Should remain faithful to the wording of the criminal statute

Question 4

Lex Praevia

Answer 4

Prohibits criminal liability in retrospective manner - Unless is it for the benefit of the accused

Question 5

Legality principle - Civil v Common law

Answer 5

Civil law - Codification movements, limits the power of judges

Common law - No written constitution or statutes, judges make the law but they have nowadays renounced such power and are starting to codify law into statutes

The two systems have rejoined because of ECHR law

Question 6

Legality principle - Rationale

Answer 6

During the enlightenment

Respect towards individual liberty, autonomy and human dignity

Rule of law - No arbitrary decisions, subordination of state powers

Separation of powers - Safeguard the democratic legitimacy of criminal liability and separate the role of the parliament from the government and the judiciary