CHAPTER ONE

GENERAL INTRODUCTION

1.0 INTRODUCTION

The principle of legality is a fundamental doctrine in Criminal law. That established the requirements for clarity and pre dictability in the Legal provision, which emphasis that, no individual can be persecuted or punished for an act that was not define as criminal offence under the law at the time it was committed.as seen in the latin maxim[1]meaning, no Crime without law and no punishment without law. This principle ensures that criminal laws are precisely defined publicised and enforce uniformly. Fostering trust in the legal system, by preventing ex post factor laws.  as such, it uphold the rule of law, and respect the fundamental right of individuals. The principle of legality also helps individuals to conform their behavior to Legal standard and do not only limit state powers. This is seen in the [2]which highlights it criteria rule in promoting justice and equality in the Legal framework. Through this principle, the law achieve its primary objective of maintaining social order while fair and pre dictability in criminal law.

1.1 BACKGROUND TO THE STUDY

In the international context, As per [3]it significant was under scored during the Post-World War Two it application help shape human rights and International criminal law. This concept was derive from the work of[4]the principle of Legality was develop in the 18th century by[5]which held that no one can be convicted of a crime without previously published Legal text, which clearly describe the crime. According to[6]the Lord Chancellor[7]cited the principle of legality as an example of public law that might take on a life on it own, and lead to the court overreaching. However, the complexity and wide spread of the principle of legality cannot be limited to a single feature of common law doctrine (public law). Further, the principle of legality has two norms. Firstly, it involves the intensive presumption about statutes, secondly it involves loose cluster of rules that protects specific common law norms. Also, various leading works on statutory interpretation has led to the development of the principle of legality. Lord[8]explain that the justification of the principle of legality, can be traced in the case of [9]which held that the proposition that court will often imply qualification into literal meaning of white and general world to prevent them from having unreasonable consequences, that Parliament could not have intended.in [10]said, the principle of legality in criminal law means only the law can defined a crime and prescribe it penalties, and the concept of law comprised of unwritten as well as written. As such, for a punishment to be attributed to a crime the act or omission must be defined by law to punish the said crime. Meaning, a person should be published base on the punishment that have been prescribe by the law and base on the law that applies at that time. For example the principle of legality is to the effect that, if a person is to be punished of the offence of section 275 of the Cameroon Penal code(murder), then, the said offence should be penalized or found in the law and the punishment to be attributed on the person must be found in the law (10 years imprisonment)

As concern the Regional Evolution, of the principle of legality, it seen in the [11]the principle of legality evolved at the end of world war 2 when the colonial Masters were defeated in Cameroon and the country was now entrust in the hands of Britain and France. During the war, Hitler cause a great violation on Human Right and killed about six million jews, and in 1943, a conference was held for which the purpose was to discuss lapses between counties. Which led to the formation of world Organization and European Advisory Commission.as a result, the country passed an agreement known as the Declaration of German Atrocities.it was agreed that act which will resolve to the violation of human rights, genocide, war crime and crime against humanity should not be carryout. In, [12]aim at punishing crimes and the most important objectives which was realized was the development of the principle of Legality. Where in, the [13]declared all this violation above as offence and as such anyone who commit such offence shall be punished as regards to the law and based on the punishment which has been defined by the law.

In Cameroon, as many African Countries, the principle of Legality evolved through the colonail, post-colonial and contemporary phase. Shaped by Legal traditions, statute and case law. The historical evolution of the principle of legality has been influenced by both French and English legal traditions as Cameroon was under dual colonial rule since independence in 1960.

In the colonail period, French colony adopted the French colonial system which emphasis on writing laws and statutes. The principle of legality as was rooted in the idea that, no one should be punished unless the law explicitly prohibit the act. and was see in the criminal code of Cameroon in 1967.after independence, the French model stressed codified laws and punishment was based solely on this principle. However, the English zone applied common law principles, focusing on procedural safeguard principles as in.[14] After independence in 1960, and reunification in 1961, Cameroon merge this system into a unique hybrid legal framework. Leading to the principle of legality been officially codified in the[15] in it section[16]which prohibit retroactive approach and, the application of criminal law ensuring that no one can be punished for an act that was not defined as a crime by law at the time it was committed. This Aline with[17] which emphasizes on the supremacy of duly enacted laws and guarantee the protection of fundamental rights. Also Cameroon judiciary has uphold the principle of Legality in cases. Such as [18] where the court dismissed charges base on retroactive application of criminal statute .reaffirming that individuals can only be tried for offences explicitly defined by the law. However, the principle of Legality remains a foundation to Cameroon criminal justice system ensuring Legal certainty, protecting individual’s human rights as in [19]

1.2 STATEMENT OF THE PROBLEM

Although, based on the principle of Legality, the law states that, persons can only be punished base on crimes which have been defined by the law and base on the punishment which have been attributed to them. But, in some instances, the administration goes beyond this principle and punished crime which has not been criminalised by the law leading to in applicability of this principle. Thereby, bringing the problem of how effective is the principle of Legality applied in criminal justice.

1.3 RESEARCH QUESTION

There are two types general and specific questions.

1.3.1 General Research Questions    

The main research question on this work

• How does criminal law ensures, the effective application of the principle of Legality?

1.3.2  Specific Research Questions

     The specific research questions include

• What is the concept of the principle of legality in criminal justice?
• What are the mechanism governing the application of the principle of legality of criminal justice?
• How effective is the application of the principle of legality in criminal justice?
• What are the policy recommendation that can be made to address the issue raised?

1.4  RESEARCH OBJECTIVES

There are basically two types general and specific objectives

1.4.1 General Objective

The main objective include

• To examine the extent to which criminal law ensures the effective application of the principle of legality under criminal justice.

1.4.2 Specific Research Objectives

The specific research objectives include.

• To discuss the concept of the principle of legality in criminal justice.
• To examine the mechanism governing the application of the principle of legality in criminal justice
• To analyze the effectiveness of the application of the principle of legality in criminal justice
• To make policy recommendation that will help in solving the problem raised.

[1] Nullum Crimen sine lege,nulla peona sine.

[2] Criminal law case and materials by CLARKSON and KEATING

[3] Daniel Gradinnaru”christam university, faculty of juridical and Administrative sciences, Bucharest, Romania Daniel g 73 @ yahoo.com

[4] Kenneth’s gallants book the principle of Legality in International and cooperative ciminal law Cambridge university press (2009) cited at ssrn.com.knneyhs, Cambridge:unversity press (2009)

[5] The Italian criminal law Cesare Beccaria

[6] The United kingdom constitution law association may 2024/constitutional law principle of legality United kingdom

[7] Robert Buckland QCMP

[8] Hoffmann

[9] Straddling v. Mogan (1560)

[10] Race conference proceeding the 11 International race conference on social science  page 6 posted on December 20th (2018) by Danall gradinaru

[11] The evolution, effectiveness and limitation of the principle of 28 June (2023)

[12] Terrah conference held from November 28 to December 1st 1993 in Soviet Union embassy

[13] Nuremberg charter enacted in August 8 (1945)

[14] Delree,2021; zalrieriute al; (2019)

[15] Cameroon Penal code of 12 July (2016)

[16] Section 3 and 5

[17] Article 65 and 18 of the Cameroon Constitution

[18] The people v.Tiku Augustine  1998

[19] Chuasanga v. Victoria (2019) ; Malksoo 2021