الأسس الدستورية للشرعية الجنائية الموضوعية

Abstract EN

2020.

Constitutional texts occupy the highest position in the hierarchy of the legal system of any country, as they legitimize the practices of power and ensure legal protection and control over the work of the authorities.

Criminal on the substantive aspect, through its organization of the substantive axis of criminal law, which includes both crimes and penalties, and the extent of the seriousness of the rights affected by criminal law in its substantive part of ruling with penalties that deprive freedom and confiscate the right to life, contemporary countries have been keen to ensure objective criminal rights In their constitutions and considered them constitutional principles to protect them from violation on the one hand, and in compliance with the trend of global declarations and regional international conventions on human rights on the other hand, the violation of the objective criminal rule of constitutional principles and foundations constitutes a violation of the principle of constitutional supremacy, which leads to the unconstitutionality of these rules and their departure from constitutional legitimacy.

This study focuses on clarifying the constitutional foundations of objective criminal legitimacy, according to the constitutional amendment of 2020.