12 Pages Posted: 18 Mar 2012
Date Written: 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.
Keywords: criminal law, constitutional law, comparative law, legal theory
JEL Classification: K10, K14, K30
Suggested Citation: Suggested Citation
Dubber, Markus D., Criminal Justice in America: Constitutionalization Without Foundation (March 16, 2012). Available at SSRN: https://ssrn.com/abstract=2024942 or http://dx.doi.org/10.2139/ssrn.2024942