The Constitution of the Criminal Law

The Constitution of the Criminal Law is the third volume in the Criminalization series, focusing on the constitutional aspects of criminal law. The book delves into how criminal law is shaped by the political processes within the state, exploring the accountability of those who enforce the law. It raises essential questions about the relationship between the legal framework and the agents operating within it, examining how these individuals can be held accountable under the very laws they enforce.

The initial chapters concentrate on the justification for criminalizing specific behaviors, emphasizing the political constitution of criminal law. Contributors analyze the roles played by state institutions and officials, not just as creators and enforcers of the law, but also as subjects who must adhere to it. This dual role prompts critical discussions about the nature of accountability and the ethical implications of law enforcement.

In its later sections, the book expands its focus to the international context, investigating how domestic laws interact with international and transnational legal frameworks. It addresses the authority of international criminal law and its jurisdiction, considering how these elements fit within the broader international order. By examining these complex relationships, The Constitution of the Criminal Law contributes significantly to contemporary discussions in criminal legal theory, posing new questions and offering innovative perspectives for scholars and practitioners alike.