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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-1 | Issue-03 | 77-82
Review Article
Theoretical and Normative Explanation of Legitimacy in Criminal Law
Nasser Yousif Muhidin
Published : July 30, 2018
DOI : 10.36348/sijlcj.2018.v01i03.005
Abstract
The legitimacy of criminal law is essential and ambiguous foundation of the criminal system. The notion of legitimacy should be legally grounded. The law has to be rightful and its applications needs to be legitimate. The controversy legitimizing criminal law has become an issue not only among politicians and lawyers, but also among academicians. This study has investigated the legitimacy of the criminal law. The study also investigated the relationship between constitution and legitimacy of the criminal law. The findings indicated that constitution is an essential component of criminal law legitimacy. The authorities to legitimize their decisions need to abide by the written constitution of the country. This study also investigated the important of communication and interaction between components of society to comprehend the legitimacy of the criminal law. The legitimacy of the criminal law is also important to overcome conflicts and crises. This study identified that law enforcement does not resolve criminal issues as a whole, but it’s an instrument to minimize the danger of its escalation. It will help the law enforcement to be respected and considered by the wider society
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