The Principle of Legality: A Moral Theory

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Conor Crummey (Assistant Professor in Law, Assistant Professor in Law, Maynooth University School of Law and Criminology)

The Principle of Legality

A Moral Theory

Conor Crummey (Assistant Professor in Law, Assistant Professor in Law, Maynooth University School of Law and Criminology)

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English

Oxford University Press
10 April 2025

Jurisprudence & philosophy of law; Parliamentary & legislative practice

Series: Oxford Legal Philosophy

It is a well-known tenet of public law that judges must interpret a statute consistently with common law rights and principles, unless that statute uses 'clear and express' language to license their violation of such rights and principles. This is the 'principle of legality'. But what rights and principles activate this rule of statutory construction? How explicit must statutory language be to permit the violation of common law rights? Is there a point at which a potential interference with common law principles is so egregious that even a clearly-worded statute cannot license it?

The Principle of Legality: A Moral Theory develops a theory to help us engage with and answer these questions. Professor Conor Crummey challenges prevailing accounts of the principle of legality as a presumption about the intentions of the legislature. By engaging with debates in the philosophy of language and general jurisprudence, the book reveals the shortcomings of these existing theories.

Through the lens of a non-positivist theory of general jurisprudence, The Principle of Legality demonstrates that judges, when invoking the principle of legality, are engaging in a complex process of moral reasoning. This innovative approach provides clear, satisfying answers to some of the most pressing and controversial questions in contemporary public law scholarship.

By: Conor Crummey (Assistant Professor in Law Assistant Professor in Law Maynooth University School of Law and Criminology)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 240mm, Width: 160mm, Spine: 20mm
Weight: 494g
ISBN: 9780198935438
ISBN 10: 0198935439
Series: Oxford Legal Philosophy
Pages: 224
Publication Date: 10 April 2025
Audience: College/higher education , Further / Higher Education
Format: Hardback
Publisher's Status: Active

Conor Crummey is an Assistant Professor in Law at Maynooth University. His work addresses the theoretical underpinnings of constitutional law, with a particular focus on the connections between general jurisprudence and statutory interpretation in UK public law. His work also focuses on debates in general jurisprudence, in particular non-positivist, or interpretivist, theories of general jurisprudence. His work has been published in Legal Theory, The Modern Law Review, Public Law, and Jurisprudence and The Irish Judicial Studies Journal.