Dr. Adham Hashish
Assistant Professor of Criminal Law – Kuwait International Law School

Abstract:

The rule of law has several challenges in Arab societies. One of these challenges is related to the State’s right/power to punish and the need to rationalize it. Thus, it is essential to adopt best practices in criminal justice and to have an efficient criminal justice system that enforces a sound criminal policy.
This research seeks to highlight some negative aspects of the current criminal policy status quo and the need to meet society’s needs along with the developments in comparative law.
Adopting critical approach to the topic, the research attempts to present the meaning of rational criminal policy, models of criminal justice system, and judicial review of this policy.
In conclusion, the research recommends that drafters of criminal policy have to pay attention to the society’s identity and needs, such as the need to strengthen the rule of law as well as to use modern methods of analyzing law. This includes the need to revive human rights approach to strengthen the rule of law and to adopt legal realism and economic analysis of law in penal studies.

Keywords: legal realism, economic analysis of law, models of criminal justice system, human rights, rule of law.

Read Full PDF Text (Arabic)