Criminal Justice in America: Constitutionalization Without Foundation
Markus D. Dubber
University of Toronto - Faculty of Law
March 16, 2012
Criminal justice in America lacks foundation in three senses: historical, political, and substantive. The U.S. Constitution will continue to fail to place meaningful limits on American penal power without a radical reconceptualization of the challenge of state punishment in a modern democracy, i.e., ultimately as a fundamental question of political legitimacy. This paper explores the prospects for a constitutionalization of American criminal law, with some comparative glances at developments in other countries, notably Canada and Germany.
Number of Pages in PDF File: 12
Keywords: criminal law, constitutional law, comparative law, legal theory
JEL Classification: K10, K14, K30
Date posted: March 18, 2012
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