Constitutionalizing criminal law

Author(s)

    • Fehr, Colton

Bibliographic Information

Constitutionalizing criminal law

Colton Fehr

UBC Press, c2022

  • : pbk

Available at  / 2 libraries

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Note

Includes bibliographical references (p. [233]-252) and index

Description and Table of Contents

Description

Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of "fundamental justice" under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.

Table of Contents

  • 1 Choosing among Rights 2 Principles of Criminal Law Theory 3 Principles of Instrumental Rationality 4 Enumerated Principles of Criminal Justice 5 A Normative Approach to Constitutionalizing Criminal Law 6 Lessons from the Canadian Experience Notes
  • Bibliography
  • Index

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