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The role of the principles of justice in developing the criminal code | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 38, Volume 17, Issue: 1 part 1, March 2026, Pages 847-874 PDF (506.22 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2026.168857.1547 | ||
| Authors | ||
| Mustafa Ali Hamza Asal* 1; Hanaa Ismail Al-Asadi2 | ||
| 1College of Law – University of Babylon | ||
| 2Ministry of Planning Summary | ||
| Abstract | ||
| Justice is one of the fundamental values upon which legal systems have been based since the dawn of history. It represents the foundation upon which the legitimacy of the law itself and the effectiveness of the judicial system are based. Justice is not merely an ideal value, but rather a tool for achieving legal security and ensuring respect for rights and freedoms. It is embodied in a set of principles that govern the relationship of the state with its individuals and define the features of the system of punishment and reward. Modern jurisprudential studies have focused on analyzing the elements of the principles of justice and demonstrating the extent of their impact on the construction of legal systems, especially in the criminal field, which represents the field of law most closely related to justice. Methodology is the vessel of systematic research through which available information, insights and data are employed to reach the desired results and examine them, and to ensure their credibility and objectivity. In this regard, we have employed the descriptive and analytical method, which focuses on analyzing legal texts, constitutions and international conventions related to the principles of justice, and the comparative method, which was adopted to compare the application of these principles in some Arab and international legislations in order to identify shortcomings or excellences, and the inductive method, to draw practical conclusions and recommendations that support the development of the legislative and judicial framework. | ||
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