The nullum crimen, nulla poena sine lege principle: The principle of legality in Australian criminal law

In international and foreign domestic law, the principle of legality (POL) is a criminal law principle which is derived from and based on the nullum crimen sine lege, nulla poena sine lege principle. In the last decade, however, Australian law has stated the POL as a general principle of statutory interpretation that operates as a common law presumption against interference with fundamental rights, freedoms and immunities. The development of this "Australian meaning" of the POL in the High Court has overlooked its own jurisprudence which implicitly recognises the worldwide principle of legality (WWPOL) as a principle of Australian criminal law. These alternative versions of the POL confuse the importance and scope of the criminal law POL, and its application as a principle for which it is recognised in international and foreign criminal law. This position should be rectified, and the two versions of the POL should be distinguished. The High Court of Australia and Australian criminal law practitioners and academics should affirm the WWPOL as a fundamental principle of Australian criminal law and articulate its importance and application.