The Constitutionalization of the Criminal Law

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ID: 314482
2026
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Abstract
Abstract Israel’s 1992 constitutional revolution had critical implications for several areas of Israeli law, including, and especially, the field of criminal law and procedure. Constitutional law cuts straight to the heart of criminal law, where human rights are most likely to be violated. It cuts even more directly to the core of substantive criminal law, which aims to define the meaning of crime. It clarifies the perplexing borders between acts that should be penalized and acts subject to other social reactions. Criminal law balances the offender’s rights and society’s interest in public order and preventing others from committing harm. Constitutional law cuts straight to the core of criminal law, where human rights are most likely to be infringed. Throughout the criminal proceedings, an accused individual’s fundamental rights are vulnerable to infringement. Therefore, constitutionalizing substantive and procedural criminal law is necessary and inevitable.
Reference Key
openalex_W7161953825 Use this key to autocite in the manuscript while using SciMatic Manuscript Manager or Thesis Manager
Authors Rinat Kitai‐Sangero, Mohammed S. Wattad
Journal Oxford University Press eBooks
Year 2026
DOI
10.1093/oxfordhb/9780192843524.013.0052
URL
https://doi.org/10.1093/oxfordhb/9780192843524.013.0052
Keywords Keywords not found

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