مدى دستورية التجريم و العقاب بمقتضى التشريع الفرعي : دراسة مقارنة

Abstract EN

Constitutional legitimacy in criminalization and punishment is based on the principle of "there is no crime and no punishment except in text", which requires the accounting of sources criminalization and punishment in laws promulgated exclusively by the legislature.

however, that rule had been developed and expanded, as the scope of criminalization and punishment was not only in the laws promulgated by the legislature, but also in the subsidiary legislation of the executive branch, this is contrary to constitutional provisions requiring that criminalization and punishment be limited to laws only, and therefore different legal systems have moved to determine constitutional control and to control the legality of subsidiary legislation, and to ensure the protection of public rights and freedoms.