""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."-- Provided by publisher.
Other formats
Issued also in electronic format.
Online version: Fehr, Colton. Constitutionalizing criminal law. Vancouver ; Toronto : UBC Press, 2022
Format
Books
Language
English
Added to Catalog
June 28, 2022
Bibliography
Includes bibliographical references (pages [233]-252) and index.
Contents
Choosing among rights
Principles of criminal law theory
Principles of instrumental rationality
Enumerated principles of criminal justice
A normative approach to constitutionalizing criminal law