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State Misconduct: A Continuum of Accountability.

Authors :
Falconer, Julian
Mathai, Sunil
Source :
Law & Society. 2009 Annual Meeting, p1. 0p.
Publication Year :
2009

Abstract

One of Dianne's last publications was a study of police accountability and the harm done to the image of the police in general by either deliberate or careless acts of omission and commission. The continuum of state accountability law involves many themes, all of which must be balanced in order to effectively achieve state accountability. One of these themes is the role that racialized justice plays in defining the common law. Canadian courts have recognized that "racialized justice", as opposed to the English formation of "individualised justice", is necessary in ensuring that the common law is structured in a manner that is consistent with the equality and accountability principles expressed in the Charter. A skeptical approach to policing requires courts to craft duties in a manner that will ensure accountability for potentially bad policing. This paper will analyze and attempt to rationalize recent developments in the tort law of state accountability. ..PAT.-Unpublished Manuscript [ABSTRACT FROM AUTHOR]

Details

Language :
English
Database :
Academic Search Index
Journal :
Law & Society
Publication Type :
Conference
Accession number :
45302964