Constitutionalizing Criminal Law,Used

Constitutionalizing Criminal Law,Used

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SKU: SONG0774867663
Brand: University of British Columbia Press
$133.36 $190.51
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Product DescriptionA clarion call for an overhaul of the modus operandi of Canadas Supreme Court.Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court of Canada has developed the relationship between criminal and constitutional law. After the adoption of the Charter of Rights, the Court employed principles of criminal law theory when striking down criminal laws. More recently, it has invoked principles of instrumental rationality in doing so. In both cases, the Court has consistently turned to the concept of fundamental justice to constitutionally challenge criminal laws in place of specifically enumerated rights. The existence of multiple avenues to challenge criminal laws constitutionally raises the question: Which set of rights should the Court employ? This book argues that rights decisions should be based on enumerated rights where possible, the principles of instrumental rationality abandoned, and the principles of criminal law theory invoked only when an unjust criminal law cannot otherwise be challenged under the Charter.ReviewThis book offers a fresh and important exploration of how criminal law in Canada is now thoroughly constitutionalized and why those interested in criminal law must understand constitutional law, including all of the legal and equality rights. Kent Roach, professor, Faculty of Law, University of TorontoConstitutionalizing Criminal Law represents one of the most sustained and wellresearched criticisms of the manner in which the Supreme Court has developed and deployed its section 7 jurisprudence that I am aware of. Andrew Botterell, associate professor, Faculty of Law, University of Western OntarioAbout the AuthorColton Fehr is assistant professor in the School of Criminology at Simon Fraser University.

⚠️ WARNING (California Proposition 65):

This product may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.

For more information, please visit www.P65Warnings.ca.gov.

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