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.
The book examines one of the most debated issues in current international law: to what extent the international legal system has constitutional features comparable to what we find in national law. This question has become increasingly relevant in a time of globalization, where new international institutions and courts are established to address international issues. Constitutionalization beyond the nation state has for many years been discussed in relation to the European Union. This book asks whether we now see constitutionalization taking place also at the global level. The book investigates what should be characterized as constitutional features of the current international order, in what way the challenges differ from those at the national level and what could be a proper interaction between different international arrangements as well as between the international and national constitutional level. Finally, it sketches the outlines of what a constitutionalized world order could and should imply. The book is a critical appraisal of constitutionalist ideas and of their critique. It argues that the reconstruction of the current evolution of international law as a process of constitutionalization -against a background of, and partly in competition with, the verticalization of substantive law and the deformalization and fragmentation of international law- has some explanatory power, permits new insights and allows for new arguments. The book thus identifies constitutional trends and challenges in establishing international organisational structures, and designs procedures for standard-setting, implementation and judicial functions. This paperback edition features the authors' discussion of this book on the EJIL Talks blog.
Constitutionalization of world politics is emerging as an unintended consequence of international treaty making driven by the logic of democratic power. The analysis will appeal to scholars of International Relations and International Law interested in international cooperation, as well as institutional and constitutional theory and practice.
The book shares the results of project research granted by the Castilla-La Mancha government, which has been composed by philosophers of law and criminal law researchers, whose main conclusions are represented by the manifestations and trends of the current crisis of the constitutional State. The works identify these trends and manifestations in order to develop alternatives and remedies to solve the current negation process that classical liberties are involved, from the point of view of philosophy, policy, and dogmatic.
Practitioner and Educator, Tina Fryling Presents a Pragmatic and Accessible Approach to Constitutional Law for Criminal Justice Students Constitutional Law in Criminal Justice, Third Edition presents the constitutional provisions most directly related to criminal law and procedure and demonstrates their daily impact on the attitudes, capabilities, events, and responses of legal professionals in policing, courtrooms, and federal agencies. The U.S. Constitution guides every facet of the investigation of crime and of threats to public safety and national security. To further readers’ understanding of the nature of these procedures, this book examines both the Constitution’s relevant provisions and the central developments in their interpretation by the Supreme Court and other U.S. courts. Vivid examples of the situations faced by practitioners on a daily basis bring the complexities of criminal law to life. New to the Third Edition: Expanded discussions of strict scrutiny, stop and frisk, cell phone privacy, the Strickland Test, and First Amendment protections in social media and campaign financing. New cases cover: the interpretation of the attempt to restrain an individual as a seizure (Torres v. Madrid) searches based on “common sense” and making a “logical inference” (Kansas v. Glover) hot pursuit and entry into a building (Lange v. California) the “community caretaking exception” to the Fourth Amendment (Caniglia v. Strom) the Establishment Clause and schools (Kennedy v. Bremerton School District and Carson v. Makin) the primacy of Second Amendment rights (New York State Rifle and Pistol Ass’n. v. Bruen) New scenarios for “You Be the Judge” and featured cases. Professors and students will benefit from: “You Be the Judge” feature encourages students to consider all sides of an issue and broaden their understanding of the complexities of constitutional law in the criminal justice context. Brief summaries of landmark Supreme Court cases provide essential information and insight. The relevant constitutional amendments are covered in terms of both their historical basis and their interpretation and application today. Clear writing speaks to a wide range of readers’ interests, perspectives, and preparation; the text is accessible to both majors and nonmajors in courses at all levels. Written by a practicing attorney who has litigated the issues, the text is authentic, current, approachable, and practical. Comprehensive information on the complexities of constitutional law relates to daily practice by courts, law enforcement, and other criminal justice professionals. The text is further enhanced by: A logical structure and conceptual focus Learning Objectives and key term lists in each chapter Stimulating questions in each chapter to test and assess student understanding
Are foreign investors the privileged citizens of a new constitutional order that guarantees rates of return on investment interests? Schneiderman explores the linkages between a new investment rules regime and state constitutions – between a constitution-like regime for the protection of foreign investment and the constitutional projects of national states. The investment rules regime, as in classical accounts of constitutionalism, considers democratically authorized state action as inherently suspect. Despite the myriad purposes served by constitutionalism, the investment rules regime aims solely to enforce limits, both inside and outside of national constitutional systems, beyond which citizen-driven politics will be disabled. Drawing on contemporary and historical case studies, the author argues that any transnational regime should encourage innovation, experimentation, and the capacity to imagine alternative futures for managing the relationship between politics and markets. These objectives have been best accomplished via democratic institutions operating at national, sub-national, and local levels.
The Constitution and the Future of Criminal Justice in America brings together leading scholars from law, psychology and criminology to address timely and important topics in US criminal justice. The book tackles cutting-edge issues related to terrorism, immigration and transnational crime, and to the increasingly important connections between criminal law and the fields of social science and neuroscience. It also provides critical new perspectives on intractable problems such as the right to counsel, race and policing, and the proper balance between security and privacy. By putting legal theory and doctrine into a concrete and accessible context, the book will advance public policy and scholarly debates alike. This collection of essays is appropriate for anyone interested in understanding the current state of criminal justice and its future challenges.
Judges and legal scholars explore the state of criminal law today and offer examinations of key issues, including suicide terrorism, drug legalization, and the reach of federal criminal liability. From publisher description.
Constitutionalizing Criminal Law explains why the Supreme Court of Canada's jurisprudence considering the constitutionality of criminal laws fails to strike a principled balance between the need to increase the coherency of the criminal law while maintaining the legitimacy of judicial review.
Do countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice.
