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Justifications, Excuses, and Institutional Defences
From: Sovereignty, Restraint, and Guidance
$4.40
Chapter 13 examines criminal defences. The courts play an expanded role in crafting and developing defences, particularly with respect to those classified as “excuses.” This chapter explains the distinction between justifications and excuses, as well as its significance for the separation of powers, and how it leads to the conclusion that the judiciary has greater freedom to articulate or expand excuse-based as opposed to justification-based defences at common law.
Contributors
Michael Plaxton
Michael Plaxton is a professor of law at the University of Saskatchewan. He teaches and writes about criminal law, evidence, philosophy of law, statutory interpretation, and constitutional theory. He is the author of Implied Consent & Sexual Assault: Intimate Relationships, Autonomy, and Voice (McGill-Queen’s, 2015).
