In R. v. Ruzic, the Supreme Court of Canada made the criminal law concept of moral involuntariness a principle of fundamental justice warranting Charter protection. This comment challenges that decision by contending that, in the overall scheme of determining criminal responsibility, moral involuntariness has only a subsidiary role to play. Futhermore, the concept lacks sufficient constraint and is too imprecise to qualify as a principle of fundamental justice.
Journal article
Challenging moral involuntariness as a principle of fundamental justice
Queen's Law Journal, Vol.28(1), pp.335-351
2002
Metrics
53 Record Views
Abstract
Details
- Title
- Challenging moral involuntariness as a principle of fundamental justice
- Creators
- Stanley Yeo - Southern Cross University
- Publication Details
- Queen's Law Journal, Vol.28(1), pp.335-351
- Identifiers
- 1074; 991012821899802368
- Academic Unit
- School of Law and Justice; Faculty of Business, Law and Arts
- Resource Type
- Journal article