Constitutional protection of the right of citizenship in criminal legislation
DOI:
https://doi.org/10.55716/jjps.2022.S.4.27Keywords:
constitutional controls,, the right of citizenship,, criminal legislation,, criminalization standards.Abstract
If rights and freedoms are pillars of the rule of law, then these pillars
must be guaranteed in all laws to prevent control and abuse of power. This
guarantee in the legal state is to entrust a body of a judicial or political nature
to monitor the extent to which those addressed by the law respect constitutional
legitimacy.
There is an urgent need to define the constitutional protection of rights
and freedoms in the light of the principle of the rule of law on which the legal
state is based, and its connection to the concept of democracy. With this
protection, the constitutional foundations of all branches of law are crystallized,
and this legal position is determined in the light of the constitutional legitimacy
established by the constitution to protect the right of citizenship within criminal
legislation, which is what it requires clarification of the criterion that confers
this constitutional legitimacy on the protection of rights and liberties, and
achieving a balance between rights and liberties with other constitutional
values, whether they are represented by rights and liberties or the public
interest.