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Afterword and Update

Published online by Cambridge University Press:  04 July 2009

Kenneth S. Gallant
Affiliation:
University of Arkansas
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Summary

No book on current law is ever really finished. Any practicing lawyer who uses this book knows that its citations must always be checked for postpublication developments.

Several developments concerning legality in national constitutional law have occurred since the completion of the main text of this book. These have occurred in both generally recognized states (Senegal and Myanmar) and entities seeking recognition as states (Abkhazia, Kosovo, and South Ossetia). They generally conform to trends noted in the main text. They are organized next according to the sections of Chapter 5 (Modern Comparative Law Development: National Provisions Concerning Legality) in which the developments would have been noted. These developments generally confirm the conclusions reached in Chapter 5 and provide further evidence for the overall conclusions of the book discussed in Chapter 7 (Legality in Customary International Law Today).

Sources of the Requirement of Non-Retroactivity of Crimes and Punishments in National Law

The trend toward including non-retroactivity in criminal law as a national constitutional protection continues in entities seeking to be recognized as states, but which have not yet gained universal recognition or United Nations membership – specifically Kosovo, South Ossetia, and Abkhazia.

The Constitution of Kosovo, with non-retroactivity of crimes and punishments and a lex mitior provision, noted as a proposal in the main text, took effect 15 June 2008. The President of Serbia has stated that Serbia “does not accept the proclamation of Kosovo's constitution as a legal fact.”

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Publisher: Cambridge University Press
Print publication year: 2008

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  • Afterword and Update
  • Kenneth S. Gallant, University of Arkansas
  • Book: The Principle of Legality in International and Comparative Criminal Law
  • Online publication: 04 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511551826.015
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  • Afterword and Update
  • Kenneth S. Gallant, University of Arkansas
  • Book: The Principle of Legality in International and Comparative Criminal Law
  • Online publication: 04 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511551826.015
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Afterword and Update
  • Kenneth S. Gallant, University of Arkansas
  • Book: The Principle of Legality in International and Comparative Criminal Law
  • Online publication: 04 July 2009
  • Chapter DOI: https://doi.org/10.1017/CBO9780511551826.015
Available formats
×