Iie GPCL 5112 Learning Unit 2 Lecturer Notes (Principle of Legality) 2020
Iie GPCL 5112 Learning Unit 2 Lecturer Notes (Principle of Legality) 2020
Legality
Conduct
Causation
Unlawfulness
Criminal capacity
Fault
GPCL5112
Learning unit 2 – Legality
2
The principle of legality is contained in section 35(3)(l) and (n) of the Constitution
Section 35 forms part of Chapter 2 of the Bill of Rights. The Bill of Rights concerns all the
rules of law. It therefore binds the legislative, executive and judicial powers of the state.
Section 35(3)(l) :
Section 35(3)(n) :
Every accused person shall have the right to the benefit of the least
severe of the prescribed punishments if the punishment for the
offence has been changed between the time that the offence was
committed and the time of sentencing
2
GPCL5112
Learning unit 2 – Legality
3
GPCL5112
Learning unit 2 – Legality
4
An accused ought not to be found guilty of a crime and sentenced unless the type of conduct
with which he is charged :
• without the court having to stretch the meaning of the words and concepts in the
definition to
immediately above.
GPCL5112
Learning unit 2 – Legality
5
Principles of
legality
4
nullum crimen
sine lege
Ius acceptum Ius praevium Ius certum Ius strictum Nulla poena
Kind of act Definition of a Four rules must
Kind of act Act recognised as crime must be also be applied
performed was
performed must a crime must be interpreted when imposing a
recognised as a
be recognised as certain and not narrowly rather sentence i.e. nulla
crime at time of
a crime vague than broadly poena sine lege
commission
GPCL5112
Learning unit 2 – Legality
6
1. https://nigerian-constitution.com/chapter-4-section-35-right-to-personal-liberty/
2. https://www.sahistory.org.za/dated-event/first-draft-constitution-published
3. https://en.wikipedia.org/wiki/Justice_Party_(United_States)
4. http://www.pngall.com/court-hammer-png/download/17584
GPCL5112
Learning unit 2 – Legality