Crime, guilt and punishment: Dignifying criminal law

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review


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.

Original languageEnglish
Title of host publicationThe Quest for Core Values in the Application of Legal Norms
Subtitle of host publicationEssays in Honor of Mordechai Kremnitzer
PublisherSpringer International Publishing
Number of pages22
ISBN (Electronic)9783030789534
ISBN (Print)9783030789527
StatePublished - 24 Oct 2021
Externally publishedYes

Bibliographical note

Publisher Copyright:
© The Author(s), under exclusive license to Springer Nature Switzerland AG 2021. All rights reserved.

ASJC Scopus subject areas

  • General Social Sciences


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