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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

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Description

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 under section 7 of the Charter 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 persuasively 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.

About the author

Contributor Notes

Colton Fehr is an assistant professor in the Faculty of Law at the University of Saskatchewan. 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.

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