Due Process of Law In Relation to Statutory Uncertainty and Constructive Offences - Softcover

Giving Much Needed Enlightenment To Legislators, Bar And Bench

 
9781333468149: Due Process of Law In Relation to Statutory Uncertainty and Constructive Offences

Synopsis

This insightful book evaluates the relevance of 'due process of law' in contemporary jurisprudence. The author's premise is that historically, the guarantee of due process of law has been used to protect citizens from arbitrary punishment for so-called 'constructive crimes' including imaginary or psychologic injuries. The author traces the development of constructive crimes from witchcraft and heresy persecutions to the recent concerns about vague and uncertain language in modern statutes, arguing that such laws violate due process and allow for arbitrary enforcement. Due process of law, the author contends, requires that statutes are general, uniform, certain, and applied without discrimination. Anything less is not the enforcement of the law at all, but a form of despotism. Through the lens of historical interpretation, the author provides a cogent analysis of the nature of law, its essential elements, and the limits of governmental authority, making this book indispensable reading for lawyers, legal scholars, and anyone interested in the relationship between law, justice, and liberty.

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