lex scripta


Also found in: Dictionary, Wikipedia.

lex scripta

the written law or statute law.
Mentioned in ?
References in periodicals archive ?
98) Second, lex scripta and lex certa are likewise recognized as essential requirements of nulla poena sine lege.
Thus, state practice and opinio juris on nulla poena sine lege suggest that customary international law recognizes a nulla poena sine lege rule which contains a significant lex certa, lex scripta, lex stricta and lex praevia quality.
Moreover, the PCIJ also ruled that the imposition of a penalty must be in accordance with the principles of lex scripta and lex certa, although the opinion cannot be read so far as to limit satisfaction of lex scripta to statutory written law.
In connection with lex scripta and lex certa, customary international law can contribute to a fuller appreciation of the international character of nulla poena sine lege.
Yet, even if breach of the lex scripta principle was to be deemed acceptable in international criminal justice, the Trial Chamber's analysis is liable to an even more serious criticism.
From this perspective, it may be said that the Statute reaffirms the lex scripta principle underlying nulla poena sine lege.
Although sparse and not providing satisfactory elucidation of the nulla poena principle, Article 23 infuses the ICC sentencing regime with a significant lex scripta quality, which may have in turn inspired the state representatives at the drafting table to produce what has been characterized as the most progressive international sentencing code.
This structure resulted from the insistence of states for clarity as to the maximum sentence, (290) a recognition of the lex scripta and lex certa attributes of nulla poena.
Significantly, these provisions represent an effort to improve the lex scripta and lex certa qualities of international sentencing by extending legal certainty into the enforcement stage.
First, by providing a sentencing provision dealing directly with multiple convictions, state parties to the Rome Treaty have signaled recognition in principle that such matters should be addressed in the constitutional framework of an international penal court as required by lex scripta, the codification requirement of nulla poena.
The general picture that emerges after examining treaties, custom, and general principles of law is that lex scripta, lex certa, lex stricta, and lex praevia are part of the international standard for nulla poena sine lege.
Greece, the court interpreted the general scope of Article 7(1) to include the principles of lex certa, lex scripta, and lex stricta in a case concerning the "punishability" of the conduct.