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  E-mail Message: I thought you might be interested in this item at http://www.worldcat.org/oclc/1268470817 Title: Constitutionalizing criminal law Author: Colton Fehr Publisher: Vancouver, BC : UBC Press, [2022] © 2022 ISBN/ISSN: 9780774867665 0774867663 OCLC:1268470817

  
  

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Constitutionalizing criminal law

Author:	Colton Fehr
Publisher:	Vancouver, BC : UBC Press, [2022] © 2022
Edition/Format:	Print book : EnglishView all editions and formats
Summary:	""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."--  Read more...
Subjects	Criminal law -- Canada -- Interpretation and construction. Constitutional law -- Canada. Droit pénal -- Canada -- Interprétation. View all subjects
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