Public Law Studies Quarterly

Constitutionalism in Criminal Procedure

Document Type : Article

Authors

Ali Khaleghi 1
Najmeh Ghaffari Elahi Kashani 2

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

https://doi.org/10.22059/jplsq.2020.295857.2292
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

legislative independence
judicial independence
basic rights
constitutional review
criminal procedure
Constitution
constitutionalism
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Public Law Studies Quarterly
Volume 52, Issue 2
Summer 2022
Summer 2022
Pages 789-809

  • Receive Date 14 January 2020
  • Revise Date 13 March 2020
  • Accept Date 21 June 2020

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