The powers of the executive authority in implementing criminalization and punishment

Abstract

The principle of constitutional legitimacy has expanded and evolved over time. This principle no longer confines the scope of criminalization and punishment to laws enacted by the legislature; rather, it extends to regulations issued by the executive authority. It is worth noting that these regulations, which are issued by the executive authority to regulate the functioning of public facilities and others, often do not include provisions related to criminalization and punishment.

        The executive authority's powers in enforcing criminalization and punishment lie in implementing laws and executing judicial rulings representing penalties for offenders. These powers include the ability to direct relevant executive bodies, such as the police and judicial entities, to execute penalties effectively. Additionally, the executive authority's powers encompass the formulation of policies and executive procedures aimed at achieving criminal justice and ensuring community safety.

Typically, the executive authority enjoys broad powers to make necessary decisions to control crime and impose penalties. However, these powers must be subject to scrutiny and balanced with individuals' rights and fundamental freedoms.

          Fundamentally, the executive authority's powers revolve around enforcing laws and executing judicial rulings related to crimes and penalties. Initially, the executive authority relies on directing specialized executive entities, such as the police, to ensure law enforcement effectively. Police officers investigate crimes, apprehend suspects, and gather necessary evidence for presentation to the judiciary.

          Furthermore, the executive authority formulates policies and procedures necessary to regulate the criminal justice process, including handling suspects and executing penalties. These policies play a crucial role in striking a balance between the effectiveness of punishment and  protecting individuals' rights.

          It's worth noting that these powers must be exercised with caution and balance, ensuring the presence of effective oversight mechanisms that protect individuals' rights and ensure the fairness of the criminal process. Ultimately, the executive authority aims to enhance public security and ensure community safety overall.