Legislative Authorization in The Field of Criminalization and Punishment (Comparative Study)

Abstract

The legislative mandate in the field of criminalization and punishment is one of the aspects of cooperation between the legislative authority and the executive authority, due to the emergence of new or artificial crimes. As a result of the development that the world has witnessed and is witnessing in all areas of life, especially the economic field, which need a quick and effective confrontation through the administrative authorities and their regulations, away from the complexity of the procedures for issuing laws by the legislative authority; But on the condition that the constitution permits that, and that it be partial, and that the law of that authorization stipulates its controls and limits, however, the comparative constitutions had different positions towards the legislative authorization in the field of criminalization and punishment, so the French constitution of 1958  amended in 2009 did not take this mandate, but rather divided the competence in the field of criminalization and punishment between the legislative and executive authorities  as it made the jurisdiction of the legislative authority within the scope of felonies and misdemeanours, and the competence of the executive authority or the administrative authority within the scope of violations, while the current Egyptian constitution of 2014 was taken as its predecessor by delegating legislation in criminalization and punishment; This is the text of Article 95) “There is no crime or punishment except according to a law.”( This is the position of the current Yemeni constitution of 1991 and its amendments in the text of Article 47): “There is no crime or punishment except according to a legal or legal text).