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ISBN: 9781552214992-01

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Mostly Sovereign

From: Sovereignty, Restraint, and Guidance

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Chapter 1 considers the constitutional and statutory context within which criminal legislation is created and interpreted. It examines the boundaries placed on Parliament’s criminal law-making power by the Constitution; the distinct roles played by the legislature, executive, and judicial branches under the constitutional separation of powers and the Criminal Code; and limits on the courts’ authority to create, interpret, and remedy constitutional defects in offences and defences.

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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).