From Protecting Individual Rights to Protecting the Public: The Changing Parameters of Populist Driven Criminal Law and Penal Policy

Jürgen Mackert et al (eds.), Populism and Democracy, Volume 2: Politics, Social Movements and Extremism, chapter 3 (Routledge, 2018).

23 Pages Posted: 1 Apr 2019

See all articles by John Pratt

John Pratt

Victoria University of Wellington - Institute of Criminology

Michelle Miao

The Chinese University of Hong Kong, Faculty of Law

Date Written: 2018

Abstract

In advanced liberal democracies, criminal law and penal policy has been bound by clearly defined parameters that helped to distinguish this mode of governance from that of other—by inference at least, less worthy, less benign—social formations. One of the features of citizenship in the democracies was thus the importance given to protecting the rights of individuals caught up in the criminal justice system from excessive or arbitrary use of state power. However, from the 1980s onwards, there has been a marked shift towards protecting the public—at the expense of individual rights—from those who would otherwise put this at risk. As this has occurred, criminal law has become more punitive, regulatory and extensive. It no longer simply reacts to crime but seeks to prevent it through initiatives backed by penal sanctions, even though no crime may have been committed. In such ways, law and policy have broken out of the parameters that had hitherto bound them.

Suggested Citation

Pratt, John and Miao, Michelle, From Protecting Individual Rights to Protecting the Public: The Changing Parameters of Populist Driven Criminal Law and Penal Policy (2018). Jürgen Mackert et al (eds.), Populism and Democracy, Volume 2: Politics, Social Movements and Extremism, chapter 3 (Routledge, 2018)., Available at SSRN: https://ssrn.com/abstract=3362979

John Pratt

Victoria University of Wellington - Institute of Criminology ( email )

P.O. Box 600
Wellington, 6140
New Zealand

Michelle Miao (Contact Author)

The Chinese University of Hong Kong, Faculty of Law ( email )

Shatin, N.T.
Hong Kong
Hong Kong

HOME PAGE: http://www.law.cuhk.edu.hk/en/people/info.php?id=229

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