The right to dignity plays an important role in constitutional law, and a more important one in criminal law. The chapter proposes taking substantive criminal law beyond the conventional dogmatic discourse, thus discussing the nature of substantive criminal law in light of universal fundamental constitutional principles and the need to investigate the nexus between constitutional law and substantive criminal law. It suggests that constitutionalizing substantive criminal law is necessary and inevitable, as it brings constitutional models of balance between confronted rights and interests, and provides the justification for attributing the stigma of guilt to certain acts. Attributing such a stigma needs to be highly supervised and justified, and that can be best done through constitutional scrutiny.
|Title of host publication||The Quest for Core Values in the Application of Legal Norms|
|Subtitle of host publication||Essays in Honor of Mordechai Kremnitzer|
|Publisher||Springer International Publishing|
|Number of pages||22|
|State||Published - 24 Oct 2021|
Bibliographical notePublisher Copyright:
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2021. All rights reserved.
ASJC Scopus subject areas
- Social Sciences (all)