НАЧЕЛО ЛЕГАЛИТЕТА – НОРМАТИВНА И КУЛТУРНА ЕВОЛУЦИЈА (I)
PRINCIPLE OF LEGALITY – NORMATIVE AND CULTURAL EVOLUTION

Summary/Abstract: The principle of legality has always been considered one of the main principles in criminal law. Such approach has caused a relatively uncritical position towards the principle which has usually been considered a value which is not subject to any additional valuation. Nevertheless, in the paper the author considers the principle of legality from a different point of view – its power of resisting continuous evolutionary changes. Thus, he perceives that the principle of legality is an evolutionary phenomenon itself which, being such, necessarily competes with other evolutionary features of a specific moment. Thus, inalterability of written norms, being one of the main characteristics of the principle of legality, necessarily causes a tension towards products of the cultural evolution, the result of which is diminishing of the original significance of the very principle of legality, if understood in the classical sense.

• Details
• Contents