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.
We look forward to welcoming you on July 3-5, 2023 for our Annual Conference entitled "Islands and Ocean: Public Law in a Plural World." The conference will take place at the Victoria University of Wellington, in New Zealand.Call For Papers and Panels