Skip to main content Skip to search Skip to search

Law Constitutional

Constitutionalizing Criminal Law

by (author) Colton Fehr

Publisher
UBC Press
Initial publish date
Apr 2022
Category
Constitutional, Courts, Essays, Conflict of Laws
  • Hardback

    ISBN
    9780774867665
    Publish Date
    Apr 2022
    List Price
    $89.95
  • eBook

    ISBN
    9780774867696
    Publish Date
    Apr 2022
    List Price
    $34.95
  • Paperback / softback

    ISBN
    9780774867672
    Publish Date
    Nov 2022
    List Price
    $34.95

Add it to your shelf

Where to buy it

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.

About the author

Contributor Notes

Colton Fehr is an assistant professor in the School of Criminology at Simon Fraser University. His scholarship has appeared in a number of journals, including the Journal of International Criminal Justice, McGill Law Journal, Queen’s Law Journal, University of British Columbia Law Review, Dalhousie Law Journal, Manitoba Law Journal, Alberta Law Review, Saskatchewan Law Review, Canadian Journal of Law and Technology, Canadian Criminal Law Review, and Criminal Law Quarterly.