Legal Research Quarterly

Legal Research Quarterly

The Role of Democracy in the Legitimacy, Policy-Making and Criminal Process*

Document Type : Original Article

Authors
mehdi musazadeh.kofi 1
Ali Hossein Najafi Abrand Abadi 2
Bagher shamloo 3
firouz mahmoudi 4
1 Ph.D. Candidate, Faculty of Humanities, Islamic Azad University (Qom Branch), Qom, Iran
2 Professor of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran Corresponding Author
3 Associate Professor of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
4 Associate Professor of Law, Faculty of Law & Political Sciences, University of Tehran, Tehran, Iran
10.48308/jlr.2022.227031.2214
Abstract
In democratic policymaking, the demands of citizens in Criminal Normalization are taken into
consideration. The legitimacy of criminal measures is achieved through the identification of citizens and
the protection of their freedoms. In a democratic system, citizens have the most democratic participation in
the Criminal process. In this research, this question is answered in a descriptive-analytical way through
library information in the light of the three principles of representation, citizenship rights, and limitation of
power. What is the position of citizens' demands for a fair criminal policy that is maximally acceptable and
to what extent should the will of the general public be taken into account? The result of the present study
is that the principles of democracy in any society, in terms of the degree to which it is conceptualized, affect
the type and manner of criminal policies. Democracy by providing citizens' satisfaction and providing
democratic participation while influencing criminalization can provide the basis for a fair criminal response
in society. Paying attention to the will of citizens in democratic policy-making causes criminal responses
to be redefined in the light of the concepts of civil rights, and criminalization and Sentencing to be carried
out following the culture and civilization of society. the findings in this study are positive this fact, That
the coercive result of establishing the concepts of democracy in societies is not necessarily the establishment
of humane criminal responses, and in some cases, policymakers deviate from democratic concepts to
establish strict responses
Keywords
: Democracy
Policy-Making.: Democracy
Criminal Normalization
Legitimacy
Public Demands
Policy-Making
Subjects

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  • Receive Date 07 May 2022
  • Revise Date 14 April 2024
  • Accept Date 28 May 2022