Multilevel protection of the principle of legality in criminal law /

Multilevel protection of the principle of legality in criminal law /

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Bibliographic Details
Imprint:Cham : Springer, 2017.
Description:1 online resource
Language:English
Subject:
Criminal law -- Philosophy.
Criminal law -- Philosophy.
Electronic books.
Format: E-Resource Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/12455524
Hidden Bibliographic Details
Other authors / contributors:Pérez Manzano, Mercedes, editor.
Lascuraín Sánchez, Juan Antonio, editor.
Rosique, Marina Mínguez, editor.
ISBN:9783319638652
3319638653
3319638645
9783319638645
3319638645
9783319638645
Notes:Online resource; title from PDF title page (EBSCO, viewed November 3, 2017).
Summary:Annotation This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law. Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Rio Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights
Other form:Print version: Multilevel protection of the principle of legality in criminal law. Cham : Springer, 2017 3319638645 9783319638645
Standard no.:9783319638645
Table of Contents:
  • Preface
  • Contents
  • Abbreviations
  • Part I: Multilevel Protection of Fundamental Rights
  • Material Limits on the Criminal Legislator: Their Interpretation by the Spanish Constitutional Court and the European Court of ...
  • 1 Introduction
  • 2 The Position of the SCC and of the ECtHR with Regard to the Criminal Legislator
  • 2.1 The Position of the SCC with Regard to Criminal Law
  • 2.2 The Position of the ECtHR with Regard to State Criminal Law
  • 3 Case-Law of the SCC and the ECtHR on the Material Limits on the Criminal Law
  • 3.1 The Case-Law of the Spanish Constitutional Court3.1.1 The Principle of Proportionality as the Limit of Limits
  • 3.1.2 Other Material Limits on the Criminal Legislator
  • 3.2 The Case-Law of the European Court of Human Rights
  • 3.2.1 Interpretation of the Substantive Limits of the Convention
  • 3.2.2 Limits to the Restrictions on Rights Imposed by Criminal Laws
  • 3.2.3 Obligations of the Criminal Legislator to Protect the Rights of the Convention
  • 4 Conclusions
  • References
  • The Conformation of Fundamental Rights by the Court of Justice of the European Union
  • 1 Introduction2 The Melloni Case
  • 3 The Conclusions of the Advocate General
  • 4 The Melloni Judgement, of 26 February 2013
  • 5 Complements to the Melloni Judgement and Its Assessment
  • References
  • Part II: Multilevel Protection of the Principle of Legality in Criminal Law
  • A Dialogue Between Courts. The Case-Law of the European Court of Human Rights and the Spanish Constitutional Court on the Prin ...
  • 1 Preliminary Considerations
  • 2 The ECtHRÂś Doctrine on Art. 7 ECHR
  • 3 The Formal Guarantee: The Criminal or Administrative Sanctioning Norm
  • 3.1 Absolute ``Legal ReservationÂÁ̂ ́in the Case of Art. 25.1 SC3.2 The ECtHRÂś Jurisprudence: The Criminal or Administrative Sanctioning Norm in Art. 7 ECHR
  • 3.3 Two Standards for the Same Guarantee. A Proposal of Interpretation that Avoids Weakening the Guarantee of Art. 25.1 SC
  • 4 The Material Guarantee. The Principle of Legal Certainty
  • 4.1 The Standard of Art. 25.1 SC and ECtHR Case Law in Reference to Art. 7 ECHR
  • 4.2 Two Divergent Standards Regarding the Principle of Legality
  • 4.3 The Irruption of the Court of Justice of the European Union in Defence of Art. 49 CFREUReferences
  • How Judges Are Bound by the Legal Definition of the Crime
  • 1 Introduction
  • 2 The Canon of the Spanish Constitutional Court
  • 3 Open Questions
  • 3.1 Semantic Reasonability
  • 3.2 Axiological Reasonability
  • 3.3 Methodological Reasonability
  • 4 The Inter-American Court of Human Rights
  • 5 The European Court of Human Rights
  • 6 Any Conclusion?
  • References

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