The common law principle of legality

In this age of statutes and human rights the common law principle of legality has assumed a central importance. The principle holds that '[u]nless the Parliament makes unmistakably clear its intention to abrogate or suspend a fundamental freedom, the courts will not construe a statute as having that operation.' This development has occurred throughout the common law world most relevantly in New Zealand and the United Kingdom where its re-emergence coincided with the enactment of statutory bill of rights. It is however the aim of this article to outline the nature and scope of the principle of legality in contemporary Australian law.

CONSTITUTIONAL JUSTICE IN AFRICA: An Examination of Constitutional Positivism, Fundamental Law and Rights in Ghana and Nigeria

This work explores the idea of constitutional justice in Africa with a focus on constitutional interpretation in Ghana and Nigeria. The objective is to develop a theory of constitutional interpretation based upon a conception of law that allows the existing constitutions of Ghana and Nigeria to be construed by the courts as law in a manner that best serves the collective wellbeing of the people. The project involves an examination of both legal theory and substantive constitutional law. The theoretical argument will be applied to show how a proper understanding of the ideals of the rule of law and constitutionalism in Ghana and Nigeria necessitate the conclusion that socio-economic rights in those countries are constitutionally protected and judicially enforceable. The thesis argues that this conclusion follows from a general claim that constitutions should represent a ‘fundamental law’ and must be construed as an aspirational moral ideal for the common good of the people. The argument is essentially about the inherent character of ‘legality’ or the ‘rule of law.’ It weaves together ideas developed by Lon Fuller, Ronald Dworkin, T.R.S. Allan and David Dyzenhaus, as well as the strand of common law constitutionalism associated with Sir Edward Coke, to develop a moral sense of ‘law’ that transcends the confines of positive or explicit law while remaining inherently ‘legal’ as opposed to purely moral or political. What emerges is an unwritten fundamental law of reason located between pure morality or natural law on the one hand and strict, explicit, or positive law on the other. It is argued that this fundamental law is, or should be, the basis of constitutional interpretation, especially in transitional democracies like Ghana and Nigeria, and that it grounds constitutional protection for socio-economic rights. Equipped with this theory of law, courts in developing African countries like Ghana and Nigeria will be in a better position to contribute towards developing a real sense of constitutional justice for Africa.

A treatise on the Anglo-American system of evidence in trials at common law : including the statutes and judicial decisions of all jurisdictions of the United States and Canada /

Accompanied by "A supplement 1923-1933" (xv, 1395 p., published in 1934)

Legal decisions of common law of the United States.

Addressed to Elder Otis Sawyer; concerning legal rights and obligations of trustee or agent for the Shaker community.

Law for the clergy [electronic resource] : a compilation of the statutes of the states of Illinois, Indiana, Iowa, Michigan, Minnesota, Ohio, and Wisconsin, relating to the duties of clergymen in the solemnization of marriage, the organization of churches and religious societies, and the protection of religious meetings and assemblies, with notes and practical forms, embracing a collation of the common law of marriage. /

Electronic text and image data.

Commentaries on the common law, designed as introductory to its study.

Mode of access: Internet.

Commentaries on the common law : designed as introductory to its study /

Mode of access: Internet.

The practice in civil actions and proceedings at law, in the courts where the common law practice is in vogue; with the amendments thereto necessary to incorporate the provisions of the statutes of Maine.

Spine title: Spaulding's practice.

English reports in law and equity: containing reports of cases in the House of Lords, Privy Council, courts of equity and common law; and in the admiralty and ecclesiastical courts; including also cases in bankruptcy and crown cases reserved.

Mode of access: Internet.

The road and bridge laws of Ohio : and the common law of roads, ways and highways ... with numerous forms, notes of decisions, opinions of attorneys-general, practical suggestions, etc. /

A revision of the author's "The laws relating to roads and ditches, bridges and water-courses in the state of Ohio" issued in 1886.

Does price fixing destroy liberty? A consideration of certain economic and common law principles applying to governmental interferences with the liberty of trade,

Bibliography: p. 183.

A treatise of tenures, in two parts : containing I. The original, nature, use, and effect of feudal or common law tenures. II. Of custumary and copyhold tenures, explaining the nature and use of copyholds, and their particular customs, with respect to the duties of the lords, stewards, tenants, and suitors: with the nature of fines, forfeitures, hariots, escheats, descents, &c.

Spine title: Gilbert's tenures.

The expansion of the common law /

Includes index.

Harrison's Analytical digest of all the reported cases determined in the House of lords, the several courts of common law, in banc and nisi prius, and the Court of bankruptcy: from Michaelmas term, 1856, to Easter term 1843; including also the crown cases reserved, and a full selection of equity decisions: with the manuscript cases cited in the best modern treaties not elsewhere reported: to which is added a Supplement continuing work to the year 1846.

Mode of access: Internet.

An action at law : being an outline of the jurisdiction of the superior courts of common law, with an elementary view of the proceedings in personal actions and in ejectment /

Bound with Dearslys̕ On criminal process.