RT Article
T1 Institutional response to criminalization decisions
JF International journal of law, crime and justice
VO 49
SP 22
OP 34
A1 Wilenmann, Javier 1982-
LA English
YR 2017
UL https://krimdok.uni-tuebingen.de/Record/1565340558
AB Criminalization decisions are often connected with political conflict. When linked to a legislative decision, criminalization emanates from a relevant political input: a politically significant group seeks to criminalize a conduct out of interest-, value- or knowledge-commitment. The institutional system has to work that input in such a way that conflict can be absorbed. The article provides a typology for the analysis of the strain that criminalization demands and criminalization decisions imply for the institutional system and the way in which the legislature and control organs such as constitutional courts can react to it. By focusing in the US and German systems, the article then attempts to reconstruct the effects that different reactions have on the institutional system. By proceeding this way, the article aims at showing the shortcomings of the traditional, justice-centered critical analysis of criminalization and the performance that an alternative approach, centered on institutional and political analysis, can have.
K1 Criminalization
K1 Conflict theory
K1 Judicial review
K1 Criminal law politics
K1 Social and legal studies
K1 Institutional analysis
K1 Konflikttheorie
K1 Kriminalizierung
DO 10.1016/j.ijlcj.2017.01.004