The Evolution, Effectiveness, and Limitations of Principle of Legality: An Analytical Study

Abstract

The principle of legality has great significance in criminal law.  The principle fundamentally evinces no punishment without Penal laws. With this purpose, this article endeavours to critically analyse the historical discourse of the principle to highlight its significance after World War II in the Nuremberg trials. This article inspects the reasons which German jurists criticise the effectiveness and retrospective nature of the punishment of the principle. To this end, this article surveys the principle of legality in criminal law, Islamic law, International Human Rights laws and the Constitution of Pakistan by using the spectacles of qualitative research techniques with the intent to explore whether a fair trial is possible after neglecting the principle of legality.