Toward a Constitutional Law of Crime and Punishment

77 Pages Posted: 28 Feb 2004  

Markus D. Dubber

University of Toronto - Faculty of Law; University of Toronto - Centre for Ethics

Abstract

Procedural criminal law is heavily constitutionalized, whereas substantive criminal law has largely escaped constitutional scrutiny. In this article, Professor Markus Dubber lays out a framework for the development of a general constitutional law of crime and punishment, with a particular emphasis on the general and special part of substantive criminal law. Constitutional criminal law, Dubber argues, rests on the concept of respect for the autonomy and dignity of persons that is reflected in such constitutional guarantees as the right to due process and the proscription against cruel and unusual punishments.

Keywords: criminal law, constitutional law, autonomy, dignity

JEL Classification: K14, K30

Suggested Citation

Dubber, Markus D., Toward a Constitutional Law of Crime and Punishment. Hastings Law Journal, Vol. 55, 2004. Available at SSRN: https://ssrn.com/abstract=508622

Markus D. Dubber (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

HOME PAGE: http://www.law.utoronto.ca/faculty-staff/full-time-faculty/markus-dubber

University of Toronto - Centre for Ethics ( email )

6 Hoskin Avenue
Toronto, Ontario M5S 1H8
Canada

HOME PAGE: http://ethics.utoronto.ca

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