Abstract

GARCIA RAMIREZ, Sergio  and  MORALES SANCHEZ, Julieta. Considerations on the principle of criminal legality in jurisprudence of the Inter-American Court of Human Rights. Cuest. Const. [online]. 2011, n.24, pp.195-246. ISSN 1405-9193.

Under the constitutional and democratic State of law it is widely accepted that the acts of state are ruled by law. However, nowadays it is said that the traditional conception of the principle of legality is passing through a crisis or even in danger of collapsing. The International human rights law has introduced significant changes in this area. The principle of legality in general, and particularly, the principle of criminal legality have been thoroughly interpreted by the Inter-American Court of Human Rights. Throughout the first part of this article the principle of legality is carefully analyzed from the perspective of international human rights law and within the Inter-American Human Rights System. The second section focuses on the study of the principle of criminal legality and its interpretation by the Inter-American Court of Human Rights.

Keywords : principle of criminal legality; International human rights law; Inter-American Court of Human Rights; formal legality and material legitimacy.

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