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Key Ideas in Law: The Principle of Legality

Key Ideas in Law: The Principle of Legality The Principle of Legality

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Key Ideas in Law

Key Ideas in Law: The Principle of Legality

The Principle of Legality

Hayley J Hooper | Nicholas McBride

Law / Constitutional

This book provides an account of the most important and controversial aspects of the principle of legality in the United Kingdom.

The principle of legality describes a method of statutory interpretation that empowers courts to prevent fundamental common law values from being overridden by unclear legislation. However, it makes more sense to think of multiple principles of legality, rather than a single concept.

The book provides a fresh and detailed perspective on a controversial aspect of the common law. It will be useful for students of law and politics, legal practitioners and scholars. It explores the many complexities surrounding the historical origins, fields of application, mode of operation, and subject matter of the principle of legality. Despite its long history, the term 'principle of legality' only began to be used in public law cases towards the end of the twentieth century. More recently, judicial references to the principle of legality in high profile constitutional law cases have fuelled broader concerns about judicial overreach. The book argues that these concerns are unfounded, and deeper principles of legality are required.

Hayley Hooper is Associate Professor of Law at the University of Oxford, UK

Publication Date: 07 January 2027
Publisher: Bloomsbury Academic
Imprint: Hart Publishing
ISBN-13: 9781509974450
Format: Paperback / softback
Page Count: 176
Weight (oz): 16.0

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