Document Type : Article
Authors
1 Associate Prof., Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
2 Ph.D. in Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran
Abstract
Constitutionalism in criminal procedure implies that the principles and frameworks of criminal procedure are determined by the Constitution with which other statutes and regulations should comply. In this context, the Constitution involves both codified and uncodified constitutional rules. Because of the constitution’s place in the legal system, constitutionalism in criminal procedure, protects basic human rights and prevents the criminal justice system from abusing its powers. Judicial independence, legislative independence and constitutional review are mechanisms by which constitutionalism in criminal procedure is ensured. Based on various principles enshrined in the Iranian Constitution, it could be argued that constitutionalism in criminal procedure has been accepted in Iran's legal system.
Keywords
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