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Challenging moral involuntariness as a principle of fundamental justice
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Challenging moral involuntariness as a principle of fundamental justice

Stanley Yeo
Queen's Law Journal, Vol.28(1), pp.335-351
2002

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Abstract

Law

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.

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