University Of Zambia Online Public Access Catalogue
The Role of the Person in Modern Constitutional Law: How State-inflicted Harms Become Personal
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BookPublisher: Emerald ISSN: 978-1-80262-864-7.Subject(s): Criminilisation -- Constitutional theoryOnline resources: Click here to access online Summary: 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’)
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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’)
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