Legality as legal principle and as legal argument

Abstract

In this paper author deals with the legality from two aspects: as legal principle and as legal argument. The legality as legal principle makes the most higher legal norms of the legal system which emphasis the basic values with all other legal norms must be in accordance. The lower legal actst must be in accordance with higher legal acts, so in the situation when lower legal acts make coutr decisions. That accordancce realieses when higher courts decide on violations of procedural and substantive law commited by lower courts, on which parties in legal remedies. Dealing with this violations jedges argument on the basis of argument of legality. Legality can be understood as an independent argumentor as one of the argument which proceeds from general principles.

Keywords

• legality principle
• legality argument
• general principle of law argument
• violation of procedure and material law