The Principle of Legality and the Execution of Sentences in France and Germany: Law= Rights?

In the German legal system, prison law is part of a larger system of laws designed for the protection of fundamental rights; in France, prison law seems to be paralyzed by its lack of a legislative foundation. However, in both countries, the everyday world of incarceration remains one that is govern...

Deskribapen osoa

Gorde:
Xehetasun bibliografikoak
Argitaratua izan da:URI:https://journals.openedition.org/champpenal,
Egile nagusia: Mansuy, Isabelle
Formatua: Article ou chapitre numérique
Hizkuntza:Anglais
Argitaratua: Champ pénal/Penal field 2008
Sarrera elektronikoa:Accès Université d'Orléans et IFPM
Accès Université d'Orléans et IFPM
Deskribapena
Gaia:In the German legal system, prison law is part of a larger system of laws designed for the protection of fundamental rights; in France, prison law seems to be paralyzed by its lack of a legislative foundation. However, in both countries, the everyday world of incarceration remains one that is governed by the need to maintain order and security, to the detriment of the avowed purposes of imprisonment. The question then becomes: is the law effective in allowing the exercise of rights in prison?