Illegality Defence in Law - A Constitutional and Human Rights Perspective

This book re-examines the application of the Illegality Defence, framing it as a State deprivation of property for the public good, underscoring the necessity of constitutional protections in this context.

List of contents

Introduction and Outline. Part A: The Rationales for the Illegality Principle. 1. The Rationales for the Illegality Principle Part B: The Constitutional-Based Model of the Illegality Principle 2. The Applicability of the Constitutional Protection of Property to the Field of Illegality 3. The Categorisation of the Illegality Principle as a 'Deprivation' of Property 4. Deprivation of Property 'According to Law' 5. The Constitutional 'Public Interest' Requirement 6. Proportionality - The Appropriateness Test 7. Proportionality - The Duty to Choose the Less Harmful Means 8. Proportionality - The Cost-Benefit Balance 9. Confiscation and Civil Forfeiture - Implications on the Illegality Principle Part C: The Doctrinal Components of Illegality in Light of the Constitutional Model 10. The Required Turpitude 11. The Required Nexus Between the Turpitude and the Cause of Action Part D: Implementation and Conclusion 12. Implementation of the Human Rights Model. Conclusion. Bibliography. Index

About the author

Edit Deutch is a Senior Associate at Meitar Law firm, specialising in commercial and international arbitration. Previously, she was a visiting lecturer of Contract Law at King's College London, UK.

Product details

• Authors: Edit Deutch
• Publisher: Taylor & Francis Ltd.
• Languages: English
• Product format: Hardback
• Released: 04.07.2025
• EAN: 9781032893082
• ISBN: 978-1-0-3289308-2
• No. of pages: 266
• Series: Routledge Research in Legal Philosophy
• Subjects: Social sciences, law, business > Law > Miscellaneous; LAW / General, LAW / Constitutional, LAW / Jurisprudence, LAW / Civil Rights, LAW / Torts, LAW / Property, Public international law: human rights, International human rights law, Constitutional & administrative law, Constitutional and administrative law: general, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law, Law of torts, damages and compensation, Torts / Delicts, Conveyancing law