Applying the principle of legality in regulations and special penal legislation of Ethiopia

Addisu Genet

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dc.contributor.author	Addisu Genet
dc.date.accessioned	2020-10-13T12:31:22Z
dc.date.available	2020-10-13T12:31:22Z
dc.date.issued	2020-10-13
dc.identifier.uri	http://hdl.handle.net/123456789/11366
dc.description.abstract	The principle of legality actually relates with a legal definition of crime and punishment to which the criminal law confined to enforce human right and fundamental freedom of the person. Within the meaning of the principle of legality, the criminal law is required to define crime and punishment certainly in adequately clear and specific manner as well as make them effectively accessible. Accordingly, the doctrine of “fair notice” and crime prevention objective of the criminal law would be complied. Currently, in Ethiopia, besides the criminal code, there are numerous regulations carrying criminal stipulations and special penal legislations. However, these laws have been the subject of critics among scholars, right holders and law practitioners that they do not satisfy the principle of legality. In particular, critics emphasize these laws do not create a safe environment to apply fair notice and crime prevention objectives of the criminal law. Despite the incorporation of the principle of legality in numerous legal frameworks of Ethiopia, this research finds that regulation and special criminal laws do not fully enforce this part of the principle of legality. Accordingly, lack of adequate clarity and specificity, the problem of legitimacy, overly broadened stipulations and lack of effective accessibility is prevalent in special laws and regulations containing criminal provisions. However, the study firmly underscores that these downsides on the part of the law as well as consequent problems in the practice can be rectified. There are still way-outs to overcome the shortcomings through both revisiting the legal frameworks as well as effectively using the tools of interpretations. Key words: Fair Notice; special Criminal Laws and Regulation; Principle of Legality; Crime prevention	en_US
dc.language.iso	en	en_US
dc.subject	Law	en_US
dc.title	Applying the principle of legality in regulations and special penal legislation of Ethiopia	en_US
dc.type	Thesis	en_US