University Of Zambia Online Public Access Catalogue
The Role of the Person in Modern Constitutional Law: How State-inflicted Harms Become Personal
- Emerald
- Quarterly
- Vol. 87A,2022
This chapter examines the role of the person in modern constitutional law. Through a reading of two Canadian Supreme Court decisions – RWDSU v. Dolphin Delivery and R. v. Malmo-Levine – it suggests that while the person is the subject of modern constitutional law’s protective gaze, it can also sometimes function as a scapegoat, taking the fall for harms engineered in part by the state (harms, in other words, that really ought to attract constitutional scrutiny given constitutional law’s orienting preoccupation with ‘state action’)
978-1-80262-864-7
Criminilisation--Constitutional theory
https://www.emerald.com/insight/content/doi/10.1108/S1059-43372022000087A005/full/html
This chapter examines the role of the person in modern constitutional law. Through a reading of two Canadian Supreme Court decisions – RWDSU v. Dolphin Delivery and R. v. Malmo-Levine – it suggests that while the person is the subject of modern constitutional law’s protective gaze, it can also sometimes function as a scapegoat, taking the fall for harms engineered in part by the state (harms, in other words, that really ought to attract constitutional scrutiny given constitutional law’s orienting preoccupation with ‘state action’)
978-1-80262-864-7
Criminilisation--Constitutional theory
https://www.emerald.com/insight/content/doi/10.1108/S1059-43372022000087A005/full/html