Toward the Institutionalization of Constitutional Criminal Law as a Branch of Public Law: A Study of Its Concept, Structure, and Function

Abstract

This study aims to establish what may be termed "Constitutional Criminal Law" as an emerging framework within public law, where constitutional law intersects with criminal law to protect the constitutional order from serious violations. The research problem addresses whether traditional constitutional safeguards are sufficient to preserve constitutional legitimacy, and whether a specific criminal framework is required for its protection. The study adopts an analytical and comparative approach, with particular emphasis on Arab constitutional and criminal jurisprudence. It concludes that constitutional criminal law constitutes an integrative functional framework designed to safeguard the supreme constitutional interest, without yet forming a fully independent legal branch.