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The Constitution of the Criminal Law (Hardcover)
Loot Price: R3,765
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The Constitution of the Criminal Law (Hardcover)
Series: Criminalization
Expected to ship within 12 - 17 working days
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The third book in the Criminalization series examines the
constitutionalization of criminal law. It considers how the
criminal law is constituted through the political processes of the
state; how the agents of the criminal law can be answerable to it
themselves; and finally, how the criminal law can be constituted as
part of the international order. Addressing the ways in which and
the grounds on which types of conduct can be justifiably
criminalized, the first four chapters of this volume focus on the
questions that arise from a consideration of the political
constitution of the criminal law. The contributors then turn their
attention to the role of the state, its institutions and officials,
and their role not only as creators, enactors, interpreters, and
enforcers of the criminal law, but also as subjects of it. How can
the agents of the criminal law also be answerable to it? Finally
discussion turns to how the criminal law can be constituted as part
of an international order. Examining the relationships between
domestic laws of different nation-states, and between domestic
criminal law and international or transnational law, the chapters
also look at the authority and jurisdiction of international
criminal law itself, and its relationship to other dimensions of
the international order. A vital examination of one of the most
important topics in modern criminal legal theory, this volume
raises new questions central to the study of the criminal law and
offers new suggestions for addressing them.
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