Practice question · Select all that apply
Which are true of the requirement of lex certa?
Hints
- Three describe the requirement; one describes what it exists to prevent.
- If courts could supply the content, the citizen would not know in advance.
Show the answer
- A. The requirement binds the legislator and not only the judge who applies the provision
- B. The legislator must describe the conduct precisely enough for a citizen to know what is forbidden
- D. A provision too vague to give guidance can be unconstitutional for that reason alone
Why
The fourth describes exactly the practice the requirement forbids. If the content of an offence is settled by the courts after the fact, the citizen cannot know before acting what is prohibited, which returns you to the position that legality exists to escape, with the added disadvantage of looking lawful.
Practise The Principle of Legality
The app has 4 more questions on this lesson, and keeps your place in the course. Law I is free to start.
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