The question of the legitimacy in a democratic society of the judicial review of legislation has been widely discussed in the constitutional law theory. Is this question to answer differently in the criminal law context? Is, in other words, criminal law special? And in what terms? The paper will try to defend the thesis that criminal law is indeed special and calls for a stricter scrutiny of legislation. The fundamental rights in this context tend to find no representation in the political arena and have then much more difficulties to find their way through democratic representation. It is then understandable that, especially in this context, constitutions are much more detailed than in other areas of law and constitutional courts adopt a stricter scrutiny.
Our next Annual Conference will take place from July 6-9, 2021. It will be held in a completely novel way as a fully online Conference: ICON•S Mundo.
The Call for Papers for ICON•S Mundo is available here. Submissions for papers and panels must be made by May 1, 2021.
Log into your ICON•S account and apply for ICON•S Mundo by submitting your proposal.Apply for ICON•S Mundo