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The Evolution, Effectiveness, and Limitations of Principle of Legality: An Analytical Study

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Title: The Evolution, Effectiveness, and Limitations of Principle of Legality: An Analytical Study

Authors: Fatima Sajid, Hafiz Muhammad Yousaf Khan

Journal: Pakistan Journal of Humanities and Social Sciences

HEC Recognition History
Category From To
Y 2024-10-01 2025-12-31
Y 2023-07-01 2024-09-30
Y 2022-07-01 2023-06-30
Y 2021-07-01 2022-06-30

Publisher: International Research Alliance For Sustainable Development-IRSAD (Private) Limited

Country: Pakistan

Year: 2023

Volume: 11

Issue: 2

Language: English

DOI: 10.52131/pjhss.2023.1102.0538

Keywords: War crimesRetrospective Punishments Ex Post Facto Laws

Categories
Law (9159) Legal Studies (458) Criminal Justice (456) Philosophy of Law (16) Constitutional Law (407)

Abstract





The principle of legality has great significance in criminal law.  The principle fundamentally evinces no punishment without Penal laws. With this purpose, this article endeavours to critically analyse the historical discourse of the principle to highlight its significance after World War II in the Nuremberg trials. This article inspects the reasons which German jurists criticise the effectiveness and retrospective nature of the punishment of the principle. To this end, this article surveys the principle of legality in criminal law, Islamic law, International Human Rights laws and the Constitution of Pakistan by using the spectacles of qualitative research techniques with the intent to explore whether a fair trial is possible after neglecting the principle of legality.



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