The Constitutional Aspects of the Principle of Legality in Crimes and Punishments in Qatari Legislation

Abstract

This research examines the principle of legality in crimes and punishments under the Qatari legal system by investigating the constitutionality of the legislation enacted during the COVID-19 pandemic, which delegated to the executive authority the power to determine certain punishable offenses. The study is divided into two main sections: the first provides a general overview of the principle of legality in crimes and punishments. In contrast, the second discusses its application within the Qatari legal framework.

The first section focuses on analyzing the principle of legality, recognized as one of the fundamental constitutional principles that emerged decades ago to protect individuals from the arbitrary exercise of power by the authorities, particularly in enacting criminalization and punishment without a written legal basis. To achieve this objective, the study first recalls the historical development of this principle and examines how it has been enacted in various constitutions, including the Qatari Constitution. Furthermore, it outlines the implications of the principle of legality in crimes and punishments—most notably, the requirement that sources of criminalization and punishment be strictly confined to statutory law, as well as the necessity for clarity and precision in criminal provisions.

The second section addresses the application of this principle within the Qatari legal system by identifying legislative texts that appear to raise constitutional concerns due to their potential conflict with the principle of legality in crimes and punishments.

In conclusion, the study outlines the key legal consequences arising from the violation of the principle of legality. It examines the applicability of Article 143 of the Qatari Constitution, particularly regarding shielding specific legislative texts from constitutional challenge. Finally, the study presents a set of recommendations aimed at ensuring the proper implementation of the law and adherence to the provisions of the Qatari Constitution.